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The Terms and Conditions that apply to any order, purchase, receipt, delivery or use of any products from Exercise 2B Fit, LLC. By accepting delivery of the product(s) purchased from Exercise 2B Fit and described on your invoice, you agree to be bound by and accept the following terms and conditions. These terms and conditions are subject to change without prior written notice at any time, in Exercise 2B Fit’s sole discretion.
Definitions:
1. “We”, “us” and/or “our” means Exercise 2B Fit.
2. You” or “your” and/or “customer” means the individual or entity named on the invoice.
Copyrighted Materials:
This Website is protected by copyright pursuant to U.S. copyright laws, international treaties and other copyright laws. The Website contains copyrighted material, trademarks and other proprietary information of Exercise 2B Fit and others, which may include, but shall not be limited to: text, software, photos, video, graphics, images, music and sound. Your agree not to modify, publish, copy, transmit, participate in the transfer or sale of, create derivative works of, or in any way exploit, in whole or in part, any copyrighted material without proper authorization.
Payment Method:
We accept Visa, MasterCard, Amex, Discover and PayPal.
Payment Terms and Orders:
Advertised prices are in U.S. dollars and, unless otherwise noted, exclude shipping, handling and any taxes that may be imposed by the legal authority that governs the jurisdiction in which you reside. We reserve the right to cancel an order or transaction, in whole or in part. Terms of payment are within Exercise 2B Fit’s sole discretion, and unless otherwise agreed to in writing by Exercise 2B Fit, payment must be received before Exercise 2B Fit’s acceptance of an order.
Shipping and Handling:
An order shipped to one address within the continental United States is shipped by UPS Ground. International orders are shipped by USPS Priority Mail and you will be able to see their real-time shipping rates when you place your order. Most orders are processed within two to three business days from original receipt of order, and approval of credit card. Orders are shipped by UPS Ground or USPS Priority Mail International. Shipping and handling are additional unless otherwise expressly indicated at the time of sale.
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Site Contents:
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Occasionally there may be information on exercise2bfit.com that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). Exercise 2B Fit reserves the right to cancel or refuse to accept any order based on an incorrect price or description. We apologize for any inconvenience this may cause you.
Colors:
We have made every effort to display as accurately as possible the colors of our products that appear at the Website. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will be accurate. In no event will Exercise 2B Fit have any liability (whether for damages, return of merchandise for credit, or otherwise) as a result of any variances between the appearance of colors and/or graphics displayed on your monitor for any finished products purchased by you.
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Taxes:
Unless you provide Exercise 2B Fit with a valid and correct tax exemption certificate applicable to your purchase of product and the product ship-to location, you are responsible for sales and other taxes associated with the order.
Transfer of Title:
The customer agrees that the shipping terms for all products are FOB shipping point and ownership transfers to the customer upon shipment. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier. For any product that is to be provided to the customer in an electronic format, the customer agrees that delivery of such product shall be deemed to have occurred either (a) at the time we transmit the Product via email or other electronic communication addressed to the customer or (b) at the time we transmit a notification to the customer that the product is available for downloading from the Website.
Return Policy:
You may return Exercise 2B Fit products purchased directly from Exercise 2B Fit in accordance with Exercise 2B Fit’s Return Policy, which may be viewed under the Help section. Go to the Help section and select Return Policy.
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User Comments, Feedback, and Other Submissions:
All comments, feedback, suggestions, ideas, and other submissions disclosed, submitted or offered to Exercise 2B Fit in connection with your use of this Site (collectively, the "Comments") shall be and remain Exercise 2B Fit's property. Such disclosure, submission or offer of any Comments shall constitute an assignment to Exercise 2B Fit of all rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, Exercise 2B Fit will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. Exercise 2B Fit is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay to user any compensation for any Comments; or (3) to respond to any user Comments.
You agree that no Comments submitted by you to the Website will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s). You further agree that no Comments submitted by you to the Website will be or contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any Comments you make. |
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Disclaimer of Warranty:
THE WEBSITE AND ITS CONTENT ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. YOU ACKNOWLEDGE THAT OPERATION OF THE SITE MAY NOT BE UNINTERRUPTED OR ERROR FREE. REFERENCES AND LINKS TO PRODUCTS OR SERVICES OF INDEPENDENT COMPANIES MAY APPEAR ON THE SITE. THESE REFERENCES AND LINKS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED.
Indemnification:
You agree that you shall indemnify and defend Exercise 2B Fit and all parties from whom Exercise 2B Fit has licensed portions of Content, and their directors, officers, and employees, against all claims, liability, damages, costs and expenses, including reasonable legal fees and expenses arising out of or related to (i) your breach of these Terms and Conditions or (ii) any suit, claim, or demand arising from or relating to any text, photograph, image, graphic or other material you incorporated into products that were not part of the standard Website Content.
Limitation of Liability:
IN NO EVENT SHALL EXERCISE 2B FIT OR ITS LICENSORS, SUPPLIERS, OR VENDORS, THEIR OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR FOR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT EXERCISE 2B FIT HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGE, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE SITE OR OF FAILURE TO PROVIDE PRODUCTS OR SERVICES THAT YOU ORDER FROM EXERCISE 2B FIT OR ITS AFFILIATES, INCLUDING WITHOUT LIMITATION, DAMAGES ARISING FROM MISTAKE, OMISSION, VIRUS, DELAY, OR INTERRUPTION OF SERVICE. IN NO EVENT SHALL EXERCISE 2B FIT BE LIABLE OR RESPONSIBLE FOR ANY DAMAGES OR CONSEQUENCES ARISING FROM OR RELATED TO YOUR INAPPROPRIATE OR UNAUTHORIZED USE OF THIS SITE OR ITS CONTENT.
Governing Law:
The Terms and Conditions and any sales hereunder shall be governed by the laws of the state of North Carolina.
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Termination:
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These Terms and Conditions are effective unless and until terminated by either you or Exercise 2B Fit. You may terminate these Terms and Conditions at any time. Exercise 2B Fit also may terminate these Terms and Conditions at any time and may do so immediately without notice, and accordingly deny you access to the website, if in Exercise 2B Fit's sole discretion you fail to comply with any term or provision of these Terms and Conditions.
Changes to the Terms and Conditions:
The Terms and Conditions were last modified on November 26
,
2008.
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