Terms & Conditions
PLEASE READ THESE TERMS & CONDITIONS CAREFULLY BEFORE USING LIQUIDTRAINER.COM OR PURCHASING THE LIQUIDTRAINER®. BY USING THIS WEBSITE OR PURCHASING A PRODUCT, YOU AGREE TO BE BOUND BY THESE TERMS, INCLUDING A MANDATORY BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER IN SECTION 18.
These Terms & Conditions (“Terms”) are a binding agreement between you (“you,” “your,” or “User”) and GravityStream LLC, a Colorado limited liability company doing business as LiquidTrainer (“GravityStream,” “we,” “us,” or “the Company”). These Terms govern your access to and use of liquidtrainer.com (the “Site”), your purchase of the LiquidTrainer® athletic training device and any related products, your access to and use of the Flo Dynamic Movement System™ and any other instructional content, online programs, member content, or services provided by GravityStream (collectively, the “Services”).
By accessing or using the Site, creating an account, or completing a purchase, you acknowledge that you have read, understood, and agree to be bound by these Terms, the Privacy Policy, the Assumption of Risk & Release of Liability, and the Warranty & Repair Policy, each of which is incorporated by reference into these Terms.
If you do not agree to these Terms, do not use the Site or purchase the Products.
1. Eligibility
To purchase a Product or create an account on the Site, you must be at least 18 years of age and have the legal capacity to enter into a binding contract. By using the Site or purchasing a Product, you represent and warrant that you meet these requirements. Use of the Product by minors is governed by the Assumption of Risk & Release of Liability.
2. Account Registration
Certain features of the Site, including access to the Flo Dynamic Movement System™ and member content, require you to create an account. When creating an account, you agree to:
- Provide accurate, current, and complete information;
- Maintain and promptly update your account information as needed;
- Maintain the confidentiality of your account credentials and password;
- Be solely responsible for all activity that occurs under your account, including any purchases, content access, or communications;
- Notify GravityStream LLC immediately at team@liquidtrainer.com of any unauthorized use of your account or any other breach of security;
- Not share, transfer, sell, or allow others to use your account.
GravityStream LLC reserves the right to suspend or terminate your account at any time, with or without notice, if we have reason to believe you have violated these Terms or engaged in fraudulent, abusive, or unlawful activity.
3. Products, Pricing, and Availability
- Product descriptions. We make reasonable efforts to display Product descriptions, sizing, images, and other information accurately. However, we do not warrant that Product descriptions, images, or other content on the Site are completely accurate, current, or error-free. Colors, sizes, and other visual elements may vary slightly from what is displayed.
- Pricing. All prices are listed in U.S. dollars unless otherwise indicated. Prices are subject to change at any time without notice. The price applicable to your purchase is the price displayed at the time you complete your order.
- Errors. In the event that a Product is listed at an incorrect price or with incorrect information due to a typographical error, technical error, or supplier pricing information, GravityStream LLC reserves the right to refuse or cancel any orders placed for that Product at the incorrect price, even after the order has been confirmed and payment processed. If your order is canceled, we will refund any amount charged.
- Availability. All Products are subject to availability. We reserve the right to discontinue any Product at any time. If a Product you ordered is unavailable, we will notify you and offer a substitution, backorder, or refund.
4. Orders, Payment, and Billing
- Order acceptance. When you place an order, you are making an offer to purchase. Our acceptance of your order occurs when we send you an order confirmation and charge your payment method. We reserve the right to refuse, cancel, or limit any order for any reason, including suspected fraud, payment issues, or violation of these Terms.
- Payment. You agree to provide accurate, complete, and current payment information. By submitting an order, you authorize GravityStream LLC (or our payment processor) to charge your payment method for the total amount of the order, including any applicable taxes, shipping, and handling fees.
- Sales tax. Applicable sales tax will be added to your order based on your shipping destination and applicable law.
- Failed payments. If your payment method is declined or your payment is otherwise unsuccessful, we may suspend or cancel your order. You remain responsible for any amounts owed.
5. Shipping and Delivery
- Shipping destinations. GravityStream LLC ships to the United States, Canada, and select international destinations as listed on the Site at the time of purchase.
- Shipping times. Estimated shipping times are listed on the Site and are estimates only. Actual delivery times may vary due to carrier delays, weather, customs processing, or other factors beyond our control.
- Risk of loss. Title and risk of loss for Products pass to you upon delivery of the Product to the carrier for shipment. Once the Product is in the carrier’s possession, GravityStream LLC is not responsible for shipping delays, lost or stolen packages, or damage occurring during transit, except as expressly provided in the Warranty & Repair Policy.
- International orders. International customers are responsible for all import duties, taxes, customs fees, and any other charges imposed by the destination country. These charges are not included in your order total and are not refundable if you refuse delivery.
6. 60-Day Money-Back Guarantee
GravityStream LLC offers a 60-day money-back guarantee on the LiquidTrainer® Product purchased directly from liquidtrainer.com.
- Eligibility. You may return the Product for a full refund of the purchase price within sixty (60) days of the date of delivery, for any reason, no questions asked.
- How to request a refund. To initiate a return, email team@liquidtrainer.com with your order number and a brief note indicating that you would like to return your Product. We will respond within five (5) business days with return instructions and a Return Merchandise Authorization (“RMA”) number. Products must be returned with a valid RMA. Products returned without an RMA may not be processed.
- Return shipping. You are responsible for return shipping costs. We recommend using a trackable shipping method, as we cannot refund Products that we do not receive.
- Refund processing. Once we receive your returned Product, we will process your refund within ten (10) business days. Refunds will be issued to the original payment method. The refund will cover the purchase price of the Product but will not include original shipping and handling charges.
- What is excluded from the money-back guarantee. The 60-day money-back guarantee does not apply to:
- Products returned more than 60 days after the date of delivery;
- Products that have been intentionally destroyed, fraudulently returned (such as returning an empty box, a different item, or a Product that has been deliberately damaged for the purpose of obtaining a refund while keeping the Product);
- Digital content, online course access, certification fees, or any non-physical Service that has already been accessed or consumed in substantial part;
- Products purchased from any source other than directly from liquidtrainer.com.
- No restocking fee. GravityStream LLC does not charge a restocking fee for returns made within the 60-day window.
- Relationship to Warranty. This 60-day money-back guarantee is separate from and in addition to the Limited Warranty described in the Warranty & Repair Policy. After the 60-day money-back guarantee window has expired, defective Products may still be eligible for warranty coverage under the terms of the Warranty & Repair Policy.
7. Digital Content, Online Programs, and Member Access
- License grant. When you purchase a Product, GravityStream LLC grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Flo Dynamic Movement System™ and other instructional content, videos, and member content made available to you, solely for your personal, non-commercial use.
- Restrictions. You may not:
- Copy, reproduce, download (except as expressly permitted), distribute, publicly display, publicly perform, modify, or create derivative works of any digital content;
- Share your account credentials or allow others to access content through your account;
- Use the digital content for any commercial purpose, including using it to teach paid classes, train clients, or develop competing products or courses;
- Remove or alter any copyright, trademark, or other proprietary notices;
- Use any automated means (including bots, scrapers, or crawlers) to access or download content;
- Attempt to circumvent any technical protection measures.
- Termination of access. Your access to digital content may be suspended or terminated if you violate these Terms, if your account is terminated, or if GravityStream LLC discontinues the Service. Where reasonably possible, we will provide notice before discontinuing a Service.
8. Acceptable Use of the Site
You agree to use the Site only for lawful purposes and in accordance with these Terms. You agree not to:
- Use the Site in any manner that could disable, overburden, damage, or impair the Site;
- Use any robot, spider, scraper, or other automated means to access the Site;
- Attempt to gain unauthorized access to any portion of the Site, other accounts, or any computer systems or networks connected to the Site;
- Use the Site to transmit any viruses, malware, or other harmful code;
- Use the Site to violate any applicable law or regulation;
- Use the Site to harass, threaten, defame, or otherwise infringe the rights of others;
- Impersonate any person or entity, including any GravityStream LLC representative;
- Use the Site to send spam or other unsolicited communications;
- Interfere with any other party’s use of the Site;
- Engage in any fraudulent activity, including chargeback fraud or refund abuse.
GravityStream LLC reserves the right to investigate violations and to cooperate with law enforcement authorities in prosecuting violators.
9. Intellectual Property
- Ownership. All content on the Site and within the Services — including the LiquidTrainer® product design, the Flo Dynamic Movement System™ course, instructional videos, text, graphics, logos, photographs, audio, software, trademarks, service marks, trade dress, and the selection and arrangement thereof — is the property of GravityStream LLC or its licensors and is protected by U.S. and international copyright, trademark, patent, trade secret, and other intellectual property laws.
- Trademarks. LiquidTrainer®, Flo Dynamic Movement System™, and the LiquidTrainer logo are trademarks or registered trademarks of GravityStream LLC. You may not use any GravityStream LLC trademark without our prior written permission.
- Limited license to Site content. Subject to your compliance with these Terms, GravityStream LLC grants you a limited, non-exclusive, non-transferable, revocable license to access and view the Site for your personal, non-commercial use only. All other rights are reserved.
- No reverse engineering. You agree not to reverse engineer, decompile, or attempt to derive the source code of any software, design, or process embodied in the Product or the Services.
- Feedback. If you provide GravityStream LLC with any feedback, suggestions, or ideas about the Product, Site, or Services, you grant GravityStream LLC a perpetual, irrevocable, royalty-free, worldwide license to use, modify, and incorporate such feedback for any purpose, without compensation or attribution to you.
10. Copyright Infringement (DMCA)
GravityStream LLC respects the intellectual property rights of others and expects users of the Site to do the same. If you believe that material on the Site infringes your copyright, please notify our designated agent in writing with the following information:
- A physical or electronic signature of a person authorized to act on behalf of the copyright owner;
- Identification of the copyrighted work claimed to have been infringed;
- Identification of the material claimed to be infringing and information reasonably sufficient to permit us to locate the material;
- Your contact information (address, telephone number, and email);
- A statement that you have a good faith belief that the use is not authorized by the copyright owner, its agent, or the law;
- A statement, under penalty of perjury, that the information in your notice is accurate and that you are authorized to act on behalf of the copyright owner.
Send notices to:
Designated DMCA Agent
Daniel C. Doherty, P.C.
357 Main Street
Longmont, CO 80501
Email: team@liquidtrainer.com
GravityStream LLC will terminate the accounts of repeat infringers in appropriate circumstances.
11. Email and Marketing Communications
- Transactional emails. When you create an account or place an order, you will receive transactional emails related to your account and orders (such as order confirmations, shipping notifications, and account updates). You cannot opt out of these emails while you have an active account or pending order.
- Marketing emails. GravityStream LLC may send you marketing emails about new Products, training content, promotions, educational material, and other offerings. By creating an account, opting in at checkout, or subscribing to our mailing list, you consent to receive these marketing emails.
- Opt-out. You may unsubscribe from marketing emails at any time by clicking the “unsubscribe” link at the bottom of any marketing email, by updating your account preferences, or by emailing team@liquidtrainer.com. After unsubscribing, you may still receive transactional emails as described above. Please allow up to ten (10) business days for opt-out requests to take effect.
- Compliance. Our email practices comply with the federal CAN-SPAM Act and applicable state laws.
12. Third-Party Links and Content
The Site may contain links to third-party websites, products, or services that are not owned or controlled by GravityStream LLC. We do not endorse, monitor, or control these third-party sites, and we are not responsible for their content, accuracy, privacy practices, or any harm caused by them. Your interactions with third-party websites are governed by their own terms and policies. We recommend reviewing the terms and privacy policies of any third-party website before providing any information.
13. Disclaimer of Warranties
EXCEPT AS EXPRESSLY PROVIDED IN THE WARRANTY & REPAIR POLICY, THE SITE, THE PRODUCT, AND THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. To the maximum extent permitted by applicable law, GravityStream LLC disclaims all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, and quiet enjoyment.
Without limiting the foregoing, GravityStream LLC does not warrant that:
- The Site or Services will meet your requirements or expectations;
- The Site or Services will be uninterrupted, secure, timely, or error-free;
- Any information obtained through the Site or Services will be accurate, complete, or reliable;
- Any defects in the Site or Services will be corrected;
- The results obtained from using the Product or Services will be effective for your particular purpose;
- The instructional content will produce any specific fitness, athletic, health, or performance outcome.
No advice or information, whether oral or written, obtained by you from GravityStream LLC or through the Site or Services creates any warranty not expressly stated in these Terms.
Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.
14. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL GRAVITYSTREAM LLC OR ITS MEMBERS, MANAGERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, AFFILIATES, OR LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND, including but not limited to damages for personal injury, property damage, lost profits, lost revenue, lost data, loss of use, business interruption, or emotional distress, arising out of or in any way connected with your use of the Site, the Product, or the Services, even if GravityStream LLC has been advised of the possibility of such damages.
The total cumulative liability of GravityStream LLC to you for any and all claims arising out of or in connection with these Terms, the Site, the Product, or the Services shall not exceed the greater of (a) the total amount you paid to GravityStream LLC during the twelve (12) months preceding the event giving rise to the claim, or (b) one hundred dollars (US $100).
Nothing in these Terms limits the additional protections provided in the Assumption of Risk & Release of Liability, which applies to physical use of the Product and contains additional limitations.
Some jurisdictions do not allow the exclusion or limitation of certain damages, so the above limitations may not apply to you in part or in full. In such jurisdictions, GravityStream LLC’s liability is limited to the smallest amount permitted by applicable law.
15. Indemnification
You agree to defend, indemnify, and hold harmless GravityStream LLC and its members, managers, officers, directors, employees, agents, contractors, affiliates, and licensors from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to:
- Your access to or use of the Site, the Product, or the Services;
- Your violation of these Terms;
- Your violation of any third party right, including any intellectual property right or privacy right;
- Any claim that your use of the Product or content provided by you caused damage to a third party;
- Your fraudulent or unlawful conduct.
GravityStream LLC reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
16. Termination
- By you. You may stop using the Site and close your account at any time by contacting us at team@liquidtrainer.com.
- By us. GravityStream LLC reserves the right to suspend or terminate your account, restrict your access to the Site or Services, cancel pending orders, or take any other action we deem necessary, at any time, with or without notice, if we believe you have violated these Terms or engaged in fraudulent or unlawful activity.
- Effect of termination. Upon termination, your right to access the Site, your account, and the Services immediately ceases. The following Sections survive termination: 6 (to the extent of any pending refund), 9, 10, 13, 14, 15, 17, 18, 19, 20, 21, and any other provision that by its nature should survive.
17. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of Colorado, without regard to its conflict-of-laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.
18. Dispute Resolution; Binding Arbitration; Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES YOU TO RESOLVE DISPUTES WITH GRAVITYSTREAM LLC THROUGH INDIVIDUAL BINDING ARBITRATION AND WAIVES YOUR RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION.
- Informal resolution. Before initiating arbitration, you agree to first attempt to resolve any dispute informally by contacting us at team@liquidtrainer.com. We will attempt to resolve disputes informally within thirty (30) days of receiving your notice.
- Binding arbitration. Except as provided below, any dispute, claim, or controversy arising out of or relating to these Terms, the Site, the Product, the Services, or your relationship with GravityStream LLC (each, a “Dispute”) that is not resolved informally shall be resolved exclusively by final and binding arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules then in effect.
- Arbitration procedures. The arbitration shall be conducted by a single arbitrator. The arbitration shall take place in Boulder County, Colorado, or, at your election, by telephone, video, or written submission. The arbitrator shall have authority to award the same damages and relief that a court could award, subject to the limitations in these Terms. The arbitrator’s decision shall be final and binding, and judgment on the award may be entered in any court of competent jurisdiction.
- Federal Arbitration Act. This arbitration agreement is governed by the Federal Arbitration Act, 9 U.S.C. § 1 et seq.
- Class action waiver. YOU AND GRAVITYSTREAM LLC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. Unless both you and GravityStream LLC agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not preside over any form of representative or class proceeding. If this class action waiver is found to be unenforceable, then the entirety of this Section 18 shall be null and void, but the remainder of these Terms shall remain in effect.
- Exceptions. Notwithstanding the foregoing, either party may bring an individual action in small claims court for disputes within the scope of that court’s jurisdiction. Additionally, claims of intellectual property infringement may be brought in court.
- Opt-out right. You may opt out of this arbitration agreement by sending written notice to team@liquidtrainer.com within thirty (30) days of first agreeing to these Terms. Your notice must include your full name, address, and a clear statement that you wish to opt out of the arbitration provision. Opting out of arbitration will not affect any other provision of these Terms.
- Jury trial waiver. EXCEPT WHERE PROHIBITED BY LAW, YOU AND GRAVITYSTREAM LLC EACH WAIVE THE RIGHT TO A TRIAL BY JURY IN ANY DISPUTE.
- Time limit. Any claim arising out of or related to these Terms must be brought within one (1) year after the claim arose, or it is permanently barred.
19. Changes to These Terms
GravityStream LLC may modify these Terms at any time. We will post the updated Terms on the Site and update the “Last Updated” date at the top of this document. For material changes, we will make reasonable efforts to notify you, such as by sending an email to the address on your account or by posting a notice on the Site.
Your continued use of the Site or Services after the updated Terms are posted constitutes your acceptance of the changes. If you do not agree to the updated Terms, you must stop using the Site and Services.
20. Miscellaneous
- Entire agreement. These Terms, together with the Privacy Policy, the Assumption of Risk & Release of Liability, and the Warranty & Repair Policy, constitute the entire agreement between you and GravityStream LLC regarding the Site, the Product, and the Services, and supersede all prior or contemporaneous agreements or understandings.
- Severability. If any provision of these Terms is found to be invalid or unenforceable, that provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall remain in full force and effect.
- No waiver. GravityStream LLC’s failure to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision.
- Assignment. You may not assign or transfer your rights or obligations under these Terms without GravityStream LLC’s prior written consent. GravityStream LLC may freely assign these Terms in connection with a merger, acquisition, sale of assets, or operation of law.
- No third-party beneficiaries. These Terms are between you and GravityStream LLC and do not create any rights for any third party.
- Force majeure. GravityStream LLC shall not be liable for any failure or delay in performance due to causes beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, pandemics, civil unrest, government actions, labor disputes, supply chain disruptions, internet or telecommunications failures, or any other circumstances beyond our reasonable control.
- Headings. Section headings are for convenience only and do not affect the interpretation of these Terms.
- Notices. Notices to GravityStream LLC must be sent to team@liquidtrainer.com or to the mailing address in Section 21. Notices to you may be sent to the email or mailing address on your account, or by posting on the Site.
- Export controls. You may not use, export, or re-export the Product or any related Services in violation of U.S. export laws. The Product and Services may not be exported to, or used in, any country embargoed by the United States or by anyone on the U.S. Treasury Department’s list of Specially Designated Nationals.
21. Contact Information
If you have any questions, comments, or concerns about these Terms, please contact us at:
GravityStream LLC
c/o Daniel C. Doherty, P.C.
357 Main Street
Longmont, CO 80501
Email: team@liquidtrainer.com
