TERMS AND CONDITIONS
Terms and Conditions
1. Effective Date.
This agreement is effective at date of purchase, and was last updated on May 31, 2014.
2. Acceptance of Terms.
ShiftFit, LLC, its suppliers, manufacturers, and representatives provide these programs, products, and web content (collectively, the “Service”) subject to your compliance with the terms and conditions set forth below (the “Agreement”). By using the Service, you are acknowledging that you agree to be bound by all of the terms and conditions of this Agreement.
3. Changes in Terms & Conditions and the Service.
This Agreement outlines the legally binding terms for your use of the Service. We reserve the right to modify this Agreement from time to time, for any reason, without notice. You may identify whether we revised this Agreement by the Effective Date listed in Section 1 above.
ShiftFit, LLC shall also have the right at any time to: (1) change the Service, including limiting availability of, eliminating, or discontinuing any product, service, or any other content on or feature of the Service; or (2) change any prices, fees or charges related to the Service. Such changes shall be effective immediately upon notice thereof, which may be given by means including but not limited to posting on the Service or transmission via electronic mail.
Use of our Service constitutes (1) acknowledgement by you of our modifications, and (2) an agreement by you to abide and be bound by this Agreement and its modifications.
4. User Conduct and Responsibilities.
The Service provides fitness program materials, guidance, and apparel. None of the Service should be used as a replacement for professional health care, and user agrees to not use programs or guidance if user has preexisting physical problems or injuries. User agrees to use program guidance at own risk, and user is responsible to make decisions on effort and movements based on their own judgment and limitations. As with all fitness programs and equipment, the user should check with and be cleared by a doctor or physician before engaging in physical fitness activity. In addition, you agree that you will not use the Service:
User agrees to use programs and materials for personal and noncommercial use only. Any commercial use or sharing of product is strictly prohibited and infringes against copyright laws. This includes sharing workouts to a public audience, using program materials to train others in a personal or group setting, or reselling program workouts separately from the ShiftFit website.
You represent and warrant that:
You are an authorized user of this Service and the information you share.
None of the materials you transmit through or otherwise post to the Service are unlawful material, including without limitation matter that may be construed as invasion of privacy, violation of a right of publicity, a copyright, a patent, or a trademark infringement, and/or theft of trade secret or any other right of a person or party.
All information that you provide to the Service when purchasing product or services on the Service is accurate and complete, including without limitation shipping information.
You will pay all charges incurred by you or any other members of your account and credit card or other payment mechanism at the prices in effect when such charges are incurred, including any applicable taxes relating to your purchases.
Your use of the Service does not violate any local law or regulation, and you shall be responsible for any such violation(s).
6. Suspension, Termination.
If you violate any of the terms in this Agreement, ShiftFit, LLC may suspend or terminate your account and further use of the Service.
7. Making Purchases.
The price of your order will be quoted in the Service website. Due to customs taxes that may be incurred during delivery to International locations, additional charges may apply to your order. Shipping delays may occur if local holidays are being observed.
8. Void Where Prohibited.
Although the Service is accessible worldwide, not all products or services discussed or referenced in or on the Service are available to all persons or in all geographic locations or jurisdictions. ShiftFit, LLC reserves the right to limit the availability of the Service and/or the provision of any product or service described thereon to any person, geographic area, or jurisdiction it so desires, at any time and in its sole discretion, and to limit the quantities of any such Product or service that it provides. Any offer for any Product or service made on the Service is VOID where prohibited.
9. Service Content and Intellectual Property.
All content on the Service, including but not limited to designs, text, graphics, pictures, video, information, software, music, sound and other files, and their selection and arrangement (the “Service Content”), are the proprietary property of ShiftFit, LLC or its licensors with all rights reserved. No Service Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without ShiftFit’s prior written permission.
All contents on the Service are: ShiftFit, LLC or its partners. All rights reserved. The ShiftFit name and logo are trademarks of ShiftFit. All other trademarks are property of their respective companies. All trademarks and registered trademarks are protected by US and international trademark laws.
10. Disclaimer of Warranty; Limitation of Liability.
THE SERVICE (INCLUDING ANY CONTENT CONTAINED WITHIN IT), ANY PRODUCT OR SERVICE PURCHASED THROUGH THE SERVICE, AND ANY SOFTWARE PROVIDED BY SHIFTFIT, LLC OR ITS DESIGNEES FOR USE IN CONNECTION WITH THE SERVICE OR WITH THE PRODUCTS AND SERVICES DESCRIBED ON THE SERVICE, ARE PROVIDED ON AN “AS IS” BASIS.
ShiftFit, LLC does not guarantee the results of address verification. ShiftFit, LLLC does not guarantee the shipping cost for International Shipping under our 100% satisfaction guarantee.
UNDER NO CIRCUMSTANCES SHALL SHIFTFIT OR ITS LICENSORS BE LIABLE TO YOU ON ACCOUNT OF (i) ANY PRODUCT OR SERVICE OFFERED OR SOLD THROUGH THE SERVICE, OR (ii) YOUR USE OR MISUSE OF OR RELIANCE ON THE SERVICE. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES ARISING FROM ANY CLAIM RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE. SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM ANY PRODUCT, GUIDANCE, OR SERVICE OFFERED OR SOLD THROUGH THE SERVICE, USE OR MISUSE OF AND RELIANCE ON THE SERVICE, FROM INABILITY TO USE THE SERVICE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SERVICE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY GOODS, SERVICES, INFORMATION, OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE SERVICE OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE SERVICE. THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE SERVICE OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE SERVICE. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
IN NO EVENT SHALL SHIFTFIT AGGREGATE LIABILITY, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, (i) ARISING FROM ANY ORDER MADE THROUGH THE SERVICE EXCEED THE TOTAL PRICE OF SUCH ORDER, or if (ii) ARISING OUT OF OR RELATED TO THE PREMIUM SERVICES EXCEED THE AMOUNTS ACTUALLY PAID FOR PREMIUM SERVICES DURING THE ONE-YEAR PERIOD IMMEDIATELY PRECEDING THE DATE THE CAUSE OF ACTION AROSE.
Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages so some of the above limitations may not apply to you.
You agree to indemnify and hold ShiftFit, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney’s fees, arising out of or in connection with the Service, your use of the Service, your conduct in connection with the Service, or any violation of this Agreement or of any law or the rights of any third party.
You agree to indemnify and hold ShiftFit, LLC harmless from any claims and to reimburse ShiftFIt for any fees or expenses that may be assessed (a) as a result of a recipient’s address being incorrect, (b) if the package has to be returned to ShiftFit due to incorrect address information, and (c) if the package is requested to be reshipped. Any such fees and expenses will be assessed to your account.
A request for Signature Release on any package authorizes ShiftFIt to deliver your shipment without obtaining a signature and signifies your agreement to indemnify and hold harmless ShiftFit from any resulting claims.
Entire Agreement. These Terms & Conditions constitute the entire agreement between the parties with respect to the subject matter hereof and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.
Headings, Titles. The section titles in this Agreement are for convenience only and have no legal or contractual effect.
Waiver and Severability of Terms. The failure of ShiftFit to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. Any waiver of any provision of this Agreement will be effective only if in writing and signed by ShiftFit, LLC. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.
Choice of Law and Forum. This Agreement shall be governed by and construed in accordance with the laws of the State of California, excluding its conflict of law provisions. You and ShiftFit agree to submit to the exclusive jurisdiction of the courts of Orange County in the state of California.
No Conflict. In the event there is a conflict between the terms and conditions of this Agreement and any Order, the terms and conditions contained in this Agreement shall prevail.
Arbitration. Any claim, dispute or controversy arising out of or in connection with or relating to this Agreement or the breach or alleged breach thereof shall be submitted by the parties to arbitration by the American Arbitration Association in the state of California, United States of America under the commercial rules then in effect for that Association except as provided herein. The award rendered by the arbitrators shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses, and judgment on such award may be entered in any court having jurisdiction thereof; provided, however, that nothing in this Paragraph shall be deemed as preventing either party from seeking relief from the courts as necessary to protect either party’s name, proprietary information, trade secrets, know how or any other appropriate provisional remedy. The parties shall be entitled to discovery as provided in the Code of Civil Procedure of the State of California.