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FitProStore.com
(Terms of Sevice)
Terms of Service
1. Who We Are. We are FitProStore, a division of Arthur I. Rothafel,
Inc. ("FitProStore", "we," "us," "our") and our headquarters are
located at 9342 Villa Vista Way, Villa Park, CA 90861
2. Site Features, Functionality and Availability; Termination. You
may use the Site when and as available. Although we generally intend
the Site to be available 24/7, it will not always be available
(e.g., during maintenance, changes, outages and for other reasons we
determine). We reserve the right to change or eliminate, and
restrict or block access to all or any part of the Site from time to
time without notice.
3. Supplemental Terms. Supplemental terms may appear on the Site in
connection with particular activities or transactions if we have
rules for the activity. These Terms do not alter in any way the
terms or conditions of any other agreement you may have with
FitProStore, or its subsidiaries or affiliates, for products,
services or otherwise. Further, these Terms do not interfere with
the separate contracts and privacy policies of third parties with
whom you contract.
4. Privacy Policy. Our Privacy Policy (click to read it) contains
our practices regarding personally identifying information about
you. You should review the Privacy Policy because it describes the
information that we collect, how we collect it and what we do with
that information.
5. Products and Pricing. Many products displayed on our Site
available in FitProStore retail stores while supplies last, but you
should not assume that what you see on the Site can always be
available or seen in our stores. Also, prices displayed on the Site
might be different than in the stores or from store advertised
prices.
6. Attribution of Electronic Acts to You; Passwords. Several Site
activities require passwords (e.g., if you establish one to create
"Your Account"). You agree that if your password is used on the
Site, we may attribute all use to you and you will be legally bound
by it even if the person using your password had no actual authority
or failed to correct an error. You agree to protect your password as
confidential information and to prohibit anyone you share it with
from disclosing it to anyone not authorized by you. We recommend
that you not share your password, but if you do, you agree to save,
defend, indemnify and hold us harmless from and against any use
claimed to be unauthorized.
7. Our Accuracy Caution; Your Responsibility to Get the Information
You Need. From time to time there might be information on the Site
that is outdated or contains errors, inaccuracies, or omissions
(collectively, "Inaccuracy"), including but not limited to
descriptions of events, locations, products and services, pricing,
product availability and tracking or other information. Also note
that although we have tried accurately to display colors of
products, the colors you see may depend on specifications and
settings of your computer and its display and might not accurately
depict the actual color of the product. We reserve the right to
correct any Inaccuracy even if you have placed an order; we also
reserve the right to refuse or cancel any orders whether or not the
order has been confirmed and your payment card charged. If your card
has already been charged and your order is canceled, we will
promptly issue an adjustment to your card account. We apologize for
any inconvenience this may cause you.
Even if there is no Inaccuracy, the product descriptions and all
other information are intended only to be indicative. No information
is intended to be a guaranty or warranty, including (but not limited
to) about what is right for you, and you agree not to rely on any
information and to do your own research and analysis as well. No
information provided on the Site is a substitute for qualified
instruction or personal experience. FitProStore assumes no liability
for the use of or reliance on information - it is your
responsibility to have the proper knowledge, experience to take
advantage of and benefit from all products.
8. Our Ownership of Content; FitProStore 2009; All Rights Reserved.
All Content on or relating to the Site is the property of Arthur I.
Rothafel, Inc., FitProStore or its affiliates, licensors or
suppliers and is protected by U.S. and international copyright,
patent, trademark, trade dress and/or other intellectual property or
additional laws, by this contract or notices, and by robot exclusion
headers and other technological measures. No Content may be copied,
distributed, republished, uploaded, posted or transmitted in any way
except pursuant to the express provisions of these Terms and any
supplemental terms provided with the Content, or with our prior
explicit consent in a separate record; all rights not expressly
granted to you are reserved. Modification or use of Content for any
other purpose may violate intellectual property rights, and no title
to copies or to intellectual property rights are transferred to you
- all title and rights remain with us. Permission is granted to
electronically copy and to print in hard copy portions of this Site
for the sole purposes of (1) obtaining a copy of these Terms and any
other contract or disclosure that we are required to provide to you
or that is part of our transaction with you, and (2) using this Site
for information input or for ordering goods or services subject to
these Terms. * As used FitProStore, "Content" means (without
limitation) all information, data, text, design, graphics, pictures,
images, music, sound files, animation, video, interfaces, icons,
software code, and the selection and arrangement of any or all of
the foregoing appearing or included from time to time on or in the
Site. Some content is also subject to further terms and conditions
provided in connection with the particular Content.
9. Infringement of Our Rights or the Rights of Others; Our Copyright
Agent. You agree to respect the intellectual property and other
informational rights of us and others. As for intellectual property
rights of others, anyone who believes that their work has been
reproduced in a way that constitutes copyright infringement may
provide a notice to our copyright agent - see "Legal Notices." It is
our policy to terminate in appropriate circumstances any (if any)
account or right of access for repeated infringement, and we also
reserve the right to terminate for even one infringement. In
addition, when you register for an account, you can create a screen
name that will be publicly viewable. You are not permitted to create
a screen name that incorporates a trademark without authorization
from the trademark owner. We reserve the right to reclaim screen
names on behalf of businesses or individuals that hold legal claim
or trademark rights in those screen names.
10. Unsolicited Submissions Policy. We welcome your input but only
under our policies and only for non-confidential information that
you own by yourself. You are solely responsible for what you provide
and agree to save, defend, indemnify and hold us harmless from and
against any claims made regarding your Submissions. We do not want
to receive Submissions if you expect to be paid or want to continue
to own or claim rights in them (e.g., if you want to be a patent
owner or to exercise intellectual property or other rights in them).
For example, if you have a great idea for a new product that you
think we ought to make, but you also want to share in any resulting
patent or profits, do not make your Submission. We do not want and
will not accept such Submissions (regardless of what your
communication may say about acceptance): your idea might be great,
but we might have had the same or a similar idea and we don't want
disputes. Accordingly, do not make a Submission unless you are
willing to be bound by this policy.
IF YOU MAKE A SUBMISSION TO FitProStore THEN THAT WILL BE YOUR
ACCEPTANCE OF FitProStore'S POLICY (SOLICITED OR UNSOLICITED, AS THE
CASE MAY BE) AND WILL ALSO BE: (1) your assignment to FitProStore of
all of your rights (worldwide), title, interest and goodwill in the
Submission; (2) your agreement that FitProStore will become the sole
owner of the Submission upon FitProStore's receipt of it and may use
it (or not use it) for all possible purposes and in all possible
media, now or later known or unknown; and (3) your agreement that
FitProStore is and shall be under no obligation to (a) maintain any
Submission in confidence; (b) respond to or provide credit for any
Submission; or (c) pay or provide any other consideration to you or
anyone else for a Submission. However, with respect to Solicited
Submissions, if we say in our solicitation that will provide a
coupon or other consideration, then we will do so as your sole and
exclusive compensation.
*"Submission" means all reviews, comments, feedback, videos, postal
mail, e-mails or other communications, suggestions, ideas,
copyrighted works, information and anything else submitted or
offered to us by you electronically, non-electronically, orally or
otherwise.
11. Product Reviews. As part of our collection of Submissions, we
may provide, directly or through a third party, specific
opportunities for you to tell FitProStore and other FitProStore
members or users what you think about products or services. If you
take advantage of such a product review opportunity, you agree to
state your opinions lawfully and in good faith and reveal to others
any conflict of interest or relationship that might influence your
views (e.g., if someone is paying or giving you something for free
to encourage you to comment, you agree to make appropriate
disclosures). All comments are the opinions of the person commenting
and do not necessarily reflect the views of FitProStore. If you want
to keep a comment that you submit electronically, print it when you
see it because we reserve the right to remove or edit comments and
to exercise all rights granted to us under the federal
Communications Decency Act (without undertaking any duty to monitor
or edit). We might use a third party to "power" or provide this
opportunity to review products or services - in that case, you will
also need to review the terms of service for that party's website,
including its privacy policy, to determine whether they are
acceptable to you. If they are not, do not use their site or provide
comments.
12. User Content and Interactive Services or Areas. The Site may
also include discussion forums, user generated content or other
interactive areas or services, including chat rooms or message
boards, online hosting or storage services, or other areas or
services in which you or third parties create, post or store
content, messages, materials or other items on the Site
("Interactive Areas"). The Submissions policies apply to these
Interactive Areas. In addition, you agree that you are solely
responsible for your use of such Interactive Areas and use them at
your own risk. By using any Interactive Areas, you agree not to
post, upload to, transmit, distribute, store, create or otherwise
publish through the Site any of the following:
(a) Any message, data, information, text, music, sound, photos,
video, graphics, code or other material ("User Content") that is
unlawful, libelous, defamatory, obscene, pornographic, indecent,
lewd, suggestive, harassing, threatening, invasive of privacy or
publicity rights, abusive, inflammatory, fraudulent or otherwise
objectionable;
(b) User Content that would constitute, encourage or provide
instructions for a criminal offense, violate the rights of any
party, or that would otherwise create liability or violate any
local, state, national or international law;
(c) User Content that may infringe any patent, trademark, trade
secret, copyright or other intellectual or proprietary right of any
party. By posting any User Content, you represent and warrant that
you have the lawful right to distribute and reproduce such User
Content;
(d) User Content that impersonates any person or entity or otherwise
misrepresents your affiliation with a person or entity;
(e) Unsolicited promotions, political campaigning, advertising or
solicitations;
(f) Private information of any third party, including, without
limitation, addresses, phone numbers, email addresses, Social
Security numbers and credit card numbers;
(g) Viruses, corrupted data or other harmful, disruptive or
destructive files; and
(h) User Content that, in the sole judgment of FitProStore, is
objectionable or which restricts or inhibits any other person from
using or enjoying the Interactive Areas or the Site, or which may
expose FitProStore or its users to any harm or liability of any
type.
FitProStore takes no responsibility and assumes no liability for any
User Content posted, stored or uploaded by you or any third party,
or for any loss or damage thereto, nor is FitProStore liable for any
mistakes, defamation, slander, libel, omissions, falsehoods,
obscenity, pornography or profanity you may encounter. Your use of
Interactive Areas is at your own risk. As a provider of interactive
services, FitProStore is not liable for any statements,
representations or User Content provided by its users in any public
forum, personal home page or other Interactive Area. Although
FitProStore has no obligation to screen, edit or monitor any of the
User Content posted in any Interactive Area, FitProStore reserves
the right, and has absolute discretion, to remove, screen or edit
any User Content posted or stored on the Site at any time and for
any reason without notice, and you are solely responsible for
creating backup copies of and replacing any User Content you post or
store on the Site at your sole cost and expense. Any use of the
Interactive Areas or other portions of the Site in violation of the
foregoing violates these Site Terms and may result in, among other
things, termination or suspension of your rights to use the
Interactive Areas and/or the Site. In order to cooperate with
legitimate governmental requests, subpoenas or court orders, to
protect FitProStore's systems and customers, or to ensure the
integrity and operation of FitProStore's business and systems,
FitProStore may access and disclose any information it considers
necessary or appropriate, including, without limitation, user
profile information (i.e. name, e-mail address, etc.), IP addressing
and traffic information, usage history, and posted User Content.
FitProStore's right to disclose any such information shall govern
over any terms of FitProStore's Privacy Policy.
If you post User Content to the Site, unless we indicate otherwise,
you grant FitProStore and its affiliates a nonexclusive,
royalty-free, perpetual, irrevocable and fully sublicensable right
to use, reproduce, modify, adapt, publish, translate, create
derivative works from, distribute, perform and display such User
Content throughout the world in any media. You grant FitProStore and
its affiliates and sublicensees the right to use the name that you
submit in connection with such content, if they choose. You
represent and warrant that (a) you own and control all of the rights
to the User Content that you post or you otherwise have the right to
post such User Content to the Site; (b) the User Content is accurate
and not misleading; and (c) use and posting of the User Content you
supply does not violate these Site Terms and will not violate any
rights of or cause injury to any person or entity.
13. Links to or From Third Party Sites. The Site may link to other
websites and some sites link to ours. We provide these links as a
convenience but unless we specifically say so, we do not endorse the
linked site or anything on it. Additionally, some services offered
on or through the Site are provided by third party service
providers, even though the page might look like an FitProStore page
(e.g., product reviews by PowerReviews, directions to store
locations by Mapquest, etc.). You'll be able to tell when a third
party is the service provider because the page will usually so
indicate (e.g., it will say something like "brought to you by" or
"powered by" the third party). If you deal with a linked site or use
these services, your transaction is not with FitProStore, so you
should review the linked site's "terms of use," other contract(s)
and privacy policy before doing your transaction.
14. No Commercial Use; No Resale; No Extraction. You may use the
Site solely for lawful and, except with our written agreement,
personal, non-commercial purposes in compliance with these Terms. If
you are using the Site on behalf of any entity, you represent and
warrant that you are authorized to accept these Terms on such
entity's behalf, and that such entity agrees to indemnify you and
FitProStore for violations of these Terms. Items that you purchase,
including but not limited to FitProStore products and gift cards,
may not be purchased for resale to others and we may limit
quantities. If someone other than FitProStore tries to sell you
something from FitProStore, your rights will not be the same as if
you purchased from FitProStore or you might not have rights at all.
For example, if you purchase an FitProStore gift card other than
from FitProStore or select grocery stores with whom FitProStore has
contracted for the distribution of its gift cards, it may not be
valid and, if so, FitProStore will not honor it.
15. Your Conduct. You agree that you will not violate any law,
contract or intellectual property right, or commit a tort. You also
agree not to:
* (1) attempt to access any service or area of the Site that you are
not authorized to access;
* (2) alter information on or obtained from the Site;
* (3) use any robot, spider, scraper or other automated means or
interface not provided by us to access the Site or to extract data;
* (4) reverse engineer any aspect of the Site or do anything that
might discover source code, or bypass or circumvent measures
employed to prevent or limit access to any area, content or code of
the Site (except as otherwise expressly permitted by law);
* (5) send to or otherwise impact us or the Site (or anything or
anyone else) with harmful, illegal, deceptive or disruptive code
such as a virus, "spyware", "adware" or other code that could
adversely impact the Site or any recipient;
* (6) access or use the Site or any service for any unlawful,
unintended (by us) or harmful purpose, or other than in full
compliance with applicable law and the Terms;
* (7) take any action which might impose a significant burden (as
determined by us) on Site infrastructure;
* (8) interfere with the ordinary operation or mission of the Site
or services; and
* (9) "frame" our Site or otherwise make it look like you have a
relationship to us or that we have endorsed you for any purpose.
16. Your Accuracy. You agree to supply only accurate, current and
complete (collectively "Accurate") information when setting up an
account on the Site, making a purchase, reviewing a product, or
otherwise using the Site or a related service. You also agree to
review and correct all information that is supplied about you (such
as when our system "pre-populates" information you would otherwise
have to enter) or that the Site draws from (such as the payment card
information you keep in Your Account) to ensure that it is always
Accurate. FitProStore reserves the right to purge or delete
information stored by members in its discretion.
17. NO WARRANTIES RE SITE; AS IS. YOU AGREE THAT OUR SITE AND ALL
CONTENT (AS DEFINED IN SECTION 8), SERVICES AND FUNCTIONALITY
(COLLECTIVELY, "COMPLETE SITE") ARE PROVIDED BY US OR ANY OF OUR
EXISTING OR FUTURE AFFILIATES, SUPPLIERS OR AGENTS "AS IS" AND "WITH
ALL FAULTS," AND THE ENTIRE RISK AS TO THE SATISFACTORY QUALITY,
PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. WE DO NOT MAKE ANY
REPRESENTATIONS OR EXPRESS WARRANTIES. EXCEPT FOR DUTIES OF GOOD
FAITH, WE DISCLAIM ALL WARRANTIES, CONDITIONS AND DUTIES, EXPRESS,
IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY (IF ANY)
IMPLIED WARRANTIES, DUTIES OR CONDITIONS: (A) OF MERCHANTABILITY, OF
FITNESS FOR A PARTICULAR PURPOSE OR USE, OF RESULTS, AND OF
ACCURACY, COMPLETENESS, PRIVACY OR SECURITY; AND (B) CREATED BY
TRADE USAGE, COURSE OF DEALING OR COURSE OF PERFORMANCE. WE FURTHER
DISCLAIM ALL DUTIES TO YOU, IF ANY SUCH DUTIES EXIST, INCLUDING BUT
NOT LIMITED TO REASONABLE CARE, WORKMANLIKE EFFORT, AND LACK OF
NEGLIGENCE. IF A DUTY CANNOT BE DISCLAIMED, YOU AGREE THAT THE
STANDARD USED TO MEASURE OUR PERFORMANCE OF THAT DUTY WILL BE
INTENTIONAL MISCONDUCT. ALSO, THERE IS NO WARRANTY OF TITLE OR
AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF ANY ASPECT OF THE
COMPLETE SITE, OR AGAINST INFRINGEMENT. YOU EXPRESSLY WAIVE ALL
DUTIES, CONDITIONS AND ALL WARRANTIES THAT MIGHT EXIST BUT FOR THIS
PARAGRAPH.
18. NO INCIDENTAL, CONSEQUENTIAL OR CERTAIN OTHER DAMAGES. TO THE
FULL EXTENT ALLOWED BY LAW, YOU AGREE THAT NEITHER WE NOR ANY OF OUR
EXISTING OR FUTURE AFFILIATES, SUPPLIERS OR AGENTS WILL BE LIABLE TO
YOU AND/OR ANY OTHER PERSON FOR ANY SPECIAL, INCIDENTAL, PUNITIVE,
CONSEQUENTIAL OR GENERAL DAMAGES THAT ARE SIMILAR TO THOSE, OR FOR
DAMAGES FOR: LOST PROFITS, FOR LOSS OR IMPAIRMENT OF PRIVACY,
SECURITY OR DATA, FOR FAILURE TO MEET ANY DUTY (INCLUDING BUT NOT
LIMITED TO ANY DUTY OF GOOD FAITH, WORKMANLIKE EFFORT OR OF LACK OF
NEGLIGENCE), OR FOR ANY OTHER SIMILAR DAMAGES WHATSOEVER THAT ARISE
OUT OF OR ARE RELATED TO ANY BREACH OR OTHER ASPECT OF THE ENTIRE
AGREEMENT (AS DEFINED BELOW) OR COMPLETE SITE, EVEN IF WE HAVE BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IN THE EVENT OF
FAULT, TORT (INCLUDING NEGLIGENCE) OR STRICT OR PRODUCT LIABILITY OR
MISREPRESENTATION.
19. LIMITATION OF LIABILITY AND EXCLUSIVE REMEDY. YOU AGREE THAT
YOUR SOLE, AGGREGATE REMEDY FOR ANY BREACH OF THE ENTIRE AGREEMENT
(AS DEFINED BELOW) AND FOR ANY CAUSE OF ACTION OF ANY NATURE
(INCLUDING WITHOUT LIMITATION, TORT) RELATING TO ANY ASPECT OF THE
ENTIRE AGREEMENT OR THE COMPLETE SITE SHALL BE, AT OUR OPTION: (1)
REPAIR, SUBSTITUTION, REPLACEMENT OR CORRECTION OF ALL OR PART OF
THE CONTENT, ACT OR ITEM GIVING RISE TO DAMAGES INCURRED IN
REASONABLE RELIANCE AND NOT EXCLUDED ABOVE; OR (2) THE AMOUNT OF
DAMAGES NOT EXCLUDED ABOVE THAT YOU ACTUALLY INCUR IN REASONABLE
RELIANCE, WHICH AMOUNT SHALL NOT EXCEED THE AMOUNT (IF ANY) YOU
ACTUALLY PAID FOR THE CONTENT, ACT OR ITEM CAUSING SAID DAMAGES. THE
DAMAGE EXCLUSIONS AND LIMITATION OF LIABILITY IN THESE TERMS SHALL
APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
20. Termination or Cancellation. Either we or you may end this
agreement (the Terms) with or without cause or prior notice. You
will still be liable for payment of any amounts due or other
obligations incurred before this agreement ends, and if you use the
Site after it ends, that use will be your new agreement to the
Terms. If applicable law requires us to provide notice of
termination or cancellation, we may give prior or subsequent notice
by posting it on the Site or by sending a communication to any
address (email or otherwise) that we have for you in our records.
Our rights under Nos. 3-6, 9-14,17-19, 21, 22 and 26-31 will survive
termination of these Terms. Without canceling the agreement, we may
suspend or block your access to the Site whenever it appears to us
that you might be breaching these Terms or otherwise about to cause
harm or damage to us or others.
21. Applicable Law and Exclusive Forum. This Site is controlled by
us from our offices within the United States of America and is
directed to U.S. users. If you choose to access this Site from
locations outside the U.S., you do so at your own risk and are
responsible for compliance with applicable local laws. You may not
use or export anything from the Site in violation of U.S. export
laws and regulations or the Entire Agreement (as defined below in
Section 24 -- "Entire Agreement; Miscellaneous"). You agree that the
Entire Agreement, all performances and all claims of every nature
(including without limitation, contract, tort and strict liability)
relating to any aspect of the Complete Site or any product or
service obtained in any connection with it, shall be governed by the
laws of the State of California, U.S.A. without regard to its
conflict of law provisions and without regard to where performance
is made. You agree that any disputes shall be heard exclusively in
the appropriate forum in California. You also consent to
jurisdiction in a state or federal court sitting in Orange County,
California and waive any claim or defense that such forum is not
convenient or proper, and consent to service of process by any means
authorized by California or federal law.
22. Notices, Including Our Address for Legal Notices. Notices to
You. We may give you notice by any lawful method, including (without
limitation) legal notices and notice of subpoenas. We may provide
the notices by posting them on the Site or by giving them by email
or postal mail to any address that we have for you. You agree to
update your address as appropriate and to check for notices posted
on the Site. Notices to Us; Our Address for Legal Notices. We
receive many e-mails and not all employees are trained to deal with
every kind of communication, so you agree to send us notice by
mailing it to "Our Address for Legal Notices" which is FitProStore,
Attn: Legal Department, 9342 Villa Vista Way, Villa Park, California
92861. If a law requires us to accept e-mail notice notwithstanding
the foregoing, call us at 714-282-0305 for our address established
for receipt of such notices.
23. Amendments. You agree that we may amend these Terms from time to
time, including by changing (e.g., by adding, altering, deleting,
increasing or decreasing or anything else) anything in these Terms
("Amendments"). With respect to the text of these Terms, we will
post a new version of the Terms on the Site prior to the effective
date of the amended version ("Effective Date") - we will try to do
that ten days before a new version becomes effective, but we reserve
the right to provide lesser or subsequent notice as we think
advisable (such as in an emergency or to prevent harm to us or
others). We may also give notice by another method, including by
e-mail. You agree periodically to check for notice of an amended
version and to review that version. The Effective Date of each
version will usually be shown at the beginning of the Terms
document: if you see a date that is later than the date you last
reviewed the Terms, review the latest version because it will apply
as of its Effective Date and until the next version is posted (and
the ten-day period referenced above, if applicable, has passed).
Until then, all amended versions will apply to all information then
or later in our control or possession (except that if we've already
accepted your order then we'll fill it at the price in effect on
your order date regarding items in stock). No Amendments will be
effective unless we post them on our Site. You agree that USING THE
SITE OR MAKING A PURCHASE AFTER THE EFFECTIVE DATE OF THE AMENDED
VERSION OF THESE TERMS WILL CONSTITUTE YOUR AGREEMENT TO THE AMENDED
VERSION. If you terminate, you will still be entitled to any
membership refund accruing before termination. Notwithstanding the
foregoing, you agree that without amendment, we may change other
Site information (other than the text of these Terms) in our sole
discretion, including but not limited to changing pricing, fees
(e.g., shipping and handling), carriers, and our refund procedures.
You will be able to read the then current fees or other information
before you place an order or sign up for a service - if you do not
agree, do not proceed with your order.
24. Entire Agreement; Miscellaneous. These Terms, including items
incorporated into them and any (a) additional terms on the Site or
otherwise provided by us for particular activities, and (b)
disclosures provided by us and consents provided by you on the Site
(collectively, "Entire Agreement"), constitute the entire agreement
between us and neither party has relied on any representations made
by the other that are not expressly set forth in the Entire
Agreement. If any part of the Entire Agreement is found by a court
of competent jurisdiction to be invalid, then that part will be
deemed superseded by an enforceable provision that most closely
matches the intent of the original and honors the allocation of
risks in these Terms and the remainder of the Terms will continue in
effect. Our failure to act with respect to a breach does not waive
our right to act as to subsequent or similar breaches, and time is
of the essence of the Entire Agreement. There are no third party
beneficiaries of any part of the Entire Agreement.
25. Notice: No Harvesting or Dictionary Attacks Allowed (this
provides information about conduct that is unlawful under the
federal CAN SPAM Act of 2003).
Part Two - TERMS FOR USERS MAKING PURCHASES
26. Pricing and Availability. All prices are shown in U.S. dollars,
and are valid and effective only for products and services ordered
and shipped within the United States; taxes, shipping and handling
charges are additional. All items are subject to availability and we
reserve the right to impose quantity limits on any order, to reject
all or part of an order and to discontinue products or services
without notice, even if you have already placed your order. All
prices are subject to change without notice and you agree that taxes
may be adjusted from the amount shown on the billing screens.
Several factors may cause this, such as variances between processor
programs and changes in tax rates.
27. Out-of-Stock Items; Backorders. Sometimes we will not know in
advance that product is unavailable, so when you place items in your
Shopping Cart you will be asked if you would like to backorder them.
If you indicate yes, the item will be sent to you once it becomes
available. We will not charge your payment card until the item
ships. If the backordered item is no longer available, we will
cancel the item from your order and notify you, usually via e-mail.
If you have items on backorder that you would like to cancel, please
contact us.
28. Agreement to Conduct Transactions Electronically; Recording;
Copies. You agree that all of your transactions with or through the
Site may, at our option, be conducted electronically from start to
finish, and that any oral conversations may be recorded. If we
decide to proceed non-electronically, those services will still be
governed by the remainder of these Terms unless you enter into
different terms provided by us. If the law allows you to withdraw
this consent or if we are required to deal with you
non-electronically, we reserve the right to charge or increase fees
for doing so. You are responsible to print or make an electronic a
copy of these Terms and any other contract or disclosure that we are
required to provide to you.
29. Shipping & Handling; No Export by You. When we ship to you or
per your directions, you agree to pay the shipping and any handling
charges shown on the Site on the date your order is placed. We
reserve the right to increase, decrease and add or eliminate charges
from time to time and without prior notice, so you agree to check
all charges before placing an order or signing up for a service.
Generally, shipping is by standard ground delivery. Any shipping or
handling charges may or may not reflect actual costs. All orders are
shipment contracts, not destination contracts. Any shipping times
shown on the Site are estimates only - actual delivery dates may
vary. You agree that you will not obtain or direct shipment of
product for export.
30. Payment; Credit for Refunds & Pricing. Only valid credit cards
or other payment method acceptable to us may be used and all refunds
will be credited to the same card or, in our discretion, other
method. By submitting your order, you represent and warrant that you
are authorized to use the designated card or method and authorize us
to charge your order (including taxes, shipping, handling and any
amounts described on the Site) to that card or other method. If the
card (or other method) cannot be verified, is invalid, or is not
otherwise acceptable, your order may be suspended or canceled
automatically. Regarding "Your Account," you agree to keep all
payment card or other payment method information current and that we
may submit charges for processing even if the card (or other method)
has expired or changed by the time we submit it. You must resolve
any problem we encounter in order to proceed with your order.
31. Return and Exchanges. FitProStore has a 100% Satisfaction
Guarantee (see Return Policy). Returns may make you ineligible for
promotions and we reserve the right to require identification, proof
of purchase, or additional verifiable information to help
FitProStore locate the purchase in our records.
If you believe a product is defective, please call 1-714-282-0305 or
contact us for return instructions applicable under the FitProStore
return policy.
Further Information
FitProStore respects the intellectual property rights of others and
requests that you do the same. Anyone who believes that their work
has been reproduced in the Site in a way constituting copyright
infringement may provide a notice to the designated Copyright Agent
for the Site containing the following:
* An electronic or physical signature of a person authorized to act
on behalf of the owner of the copyright interest;
* Identification of the copyrighted work claimed to have been
infringed;
* Identification of the material that is claimed to be infringing
and information reasonably sufficient to permit us to locate the
material;
* The address, telephone number, and, if available, an e-mail
address at which the complaining party may be contacted;
* A representation 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;
* A representation that the information in the notice 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.
Notice of Availability of Filtering Software
We do not believe that the Site contains materials that would
typically be the subject of filtering software. Nevertheless, all
users are hereby informed by the provider of this interactive
computer service that parental control protections (such as computer
hardware, software, or filtering services) are commercially
available that may assist in limiting access to material that is
harmful to minors. A report detailing some of those protections can
be found at http://www.ntia.doc.gov/ntiahome/ntiageneral/cipa2003/index.html
(Children's Internet Protection Act: Report on the Effectiveness of
Internet Protection Measures and Safety Policies).
Notice: No Harvesting or Dictionary Attacks Allowed
WE WILL NOT GIVE, SELL, OR OTHERWISE TRANSFER ADDRESSES MAINTAINED
BY US TO ANY OTHER PARTY FOR THE PURPOSES OF INITIATING, OR ENABLING
OTHERS TO INITIATE, ELECTRONIC MAIL MESSAGES EXCEPT AS AUTHORIZED AS
APPROPRIATE BY OUR PERSONNEL OR POLICIES. EXCEPT FOR PARTIES
AUTHORIZED TO HAVE ADDRESSES MAINTAINED BY US, PERSONS MAY VIOLATE
FEDERAL LAW IF THEY: (1) INITIATE THE TRANSMISSION TO OUR COMPUTERS
OR DEVICES OF A COMMERCIAL ELECTRONIC MAIL MESSAGE (AS DEFINED IN
THE U.S. "CAN-SPAM ACT OF 2003") THAT DOES NOT MEET THE MESSAGE
TRANSMISSION REQUIREMENTS OF THAT ACT; OR (2) ASSIST IN THE
ORIGINATION OF SUCH MESSAGES THROUGH THE PROVISION OF SELECTION OF
ADDRESSES TO WHICH THE MESSAGES WILL BE TRANSMITTED.
Notice About Trademarks
FitProStore, Private Label Fitness, MediCorp, 21 Truths, Arthur I.
Rothafel, Inc., product names and logos on the Site, and also many
marks, names and logos owned by third parties - and all of that is
the property of the respective owner. You may not use any of the
trademarks displayed on this Site or any Content. All rights are
reserved.
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