Welcome to Fitnesswood.com. These Terms & Conditions apply to the website located at www.Fitnesswood.com and to all other websites, mobile sites, services, applications, platforms and tools where these Terms & Conditions appear or are linked (collectively, the “Site”). As used in these Terms & Conditions, “Fitnesswood” “us” or “we” refers to Fitnesswood(an Indiana limited liability company).
The Site is intended for use in the United States by individuals 13 years of age or older. If you are under 18 years of age, you may use this Site only with the permission and involvement of a parent or guardian. If you are located outside of the United States, you may use the Site only at your own risk, and you are responsible for complying with all local laws, rules and regulations.
Your use of the Site constitutes your agreement to follow and be bound by these Terms & Conditions. If at any time you do not accept all of these Terms & Conditions, you must immediately stop using the Site. We reserve the right to update or modify the Terms & Conditions at any time without prior notice, and such changes will be effective immediately upon being posted to the Site. For this reason, we encourage you to review the Terms & Conditions each time you visit the Site. Your continued use of the Site at any given time will indicate your acceptance of the then-current Terms & Conditions.
Site Content; Limited License to Access and Use
Unless otherwise designated, all materials on the Site, including but not limited to photographs, text, images, logos, illustrations, graphics and other materials, and any and all copyrights, trademarks, trade dress and/or other intellectual property rights in such materials (collectively, the “Content”), are owned or licensed property of Fitnesswood.
Fitnesswood grants you a limited license to access and make use of the Site and the Content only for your personal, non-commercial use, and only to the extent such use does not violate these Terms & Conditions You may download, print or copy Content and other downloadable materials contained on the Site for your personal, non-commercial use only, provided that you do not modify or alter the Content in any way and do not remove or change any trademark or copyright notice. No right, title or interest in any Content is transferred to you as a result of your access or any downloading, printing or copying by you.
Right to Modify Site
Fitnesswood reserves the right to, at any time: (i) modify, suspend or discontinue the Site or any portion of the Site; (ii) charge fees in connection with your use of the Site and/or modify or waive any such fees; and/or (iii) offer opportunities to some or all users of the Site. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site.
User Comments, Feedback, and Other Submissions
Fitnesswood is pleased to hear from users of our Site and we welcome reviews, comments and other communications regarding the Site and our products (“User Content”), provided that the User Content complies with these Terms & Conditions. You hereby grant to Fitnesswood a non-exclusive, perpetual, irrevocable, royalty-free, transferable, sub-licensable right and license to use, display, distribute, transmit, copy, modify, delete, publish, translate, create derivative works from and sell the User Content that you provide. Fitnesswood can incorporate the User Content that you provide into any form, medium or technology, now known or hereafter developed, throughout the world, all without compensation to you. You should not provide Fitnesswood with any User Content that includes confidential information or any original creative materials (such as product ideas or original artwork), if you do not wish to grant the foregoing license to such information or materials to Fitnesswood. Fitnesswood may, but is not required to, include your name along with the User Content submitted by you.
You are solely responsible for the User Content you submit, and Fitnesswood assumes no liability for any User Content submitted by you. You represent and warrant that you have all rights necessary for you to submit the User Content to Fitnesswood, and to grant the licenses granted in this section. You agree that the User Content that you provide will (i) not violate any right of any third party, including copyright, privacy, publicity or trademark rights; (ii) not cause injury to any person or entity; (iii) not include libelous, obscene, lewd, profane or threatening language, commercial solicitation, chain letters, mass mailings, any form of “spam” or any material that could be considered harmful, sexually explicit, indecent, violent, abusive or degrading; (iv) be accurate; and (v) not violate any law or regulation.
Other Site users may post User Content that is inaccurate, misleading or deceptive. Fitnesswood neither endorses nor is responsible for any information, opinions or statements made by third parties on the Site. Fitnesswood will not be liable for any loss or damage caused by your reliance on such information, opinions or statements.
Fitnesswood has the right but not the obligation to monitor and edit or remove any User Content.
Unlawful Or Prohibited Uses
The Site may only be used for your personal, non-commercial purposes in accordance with applicable laws and the terms of the license granted above. You hereby warrant to Fitnesswood that you will not do any of the following:
(a) impersonate any person or entity or falsely state or otherwise misrepresent your identity or your affiliation with any person or entity in connection with the Site;
(b) conduct fraudulent activities on the Site;
(c) make any commercial use of the Site or the Content, including making any non-personal or commercial use of any photos, product listings, descriptions, prices or images;
(d) use or attempt to use any engine, software, tool or other device or mechanism to navigate or search the Site other than the search engine provided by Fitnesswood or generally publicly available browsers;
(e) make any use of data extraction, scraping, mining or other data gathering tools, or create a database by systematically downloading or storing Site content, or otherwise scrape, collect, store or use the Content, except pursuant to the limited license granted by these Terms & Conditions;
(f) express or imply that Fitnesswood endorses any statement that you make;
(g) tamper with the Site or use or attempt to use any device, software, routine or tool that interferes or attempts to interfere with the functionality of the Site;
(h) violate or attempt to violate the security of the Site, including but not limited to: (i) accessing data not intended for you or logging onto an account that you are not authorized to access; (ii) attempting to breach security or authentication measures; (iii) attempting to interfere with service to any other user, host or network; or (iv) forging communications on behalf of the Site or to the Site;
(i) use the Site to defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others, including others’ privacy rights or rights of publicity;
(j) harvest or collect personally identifiable information about other users of the Site;
(k) restrict or inhibit any other person from using the Site (including, without limitation, by hacking or defacing any portion of the Site);
(l) use the Site to advertise or offer to sell or buy any goods or services without Fitnesswood express prior written consent;
(m) modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of the Site; or
(n) remove any copyright, trademark, or other proprietary rights notice from the Site or materials originating from the Site.
You may be required to set up an account in order to access or use certain services on the Site. Your user name and password are for your personal use only. If you set up an account on the Site, you are solely responsible for maintaining the confidentiality of your user name and password and for restricting access to your account. You hereby agree to accept responsibility for all activities that occur under your user name and password.
Fitnesswood reserves the right, without notice and in its sole discretion, to terminate your account or your use of the Site and to block or prevent your future access to and use of the Site for any reason or no reason at all. Upon any such termination, your account and/or your right to access and use the Site will immediately cease.
The products displayed on the Site are available in the United States. The prices displayed on the Site are in U.S. Dollars. All photos, descriptions, images, features, content, specifications and prices of products described on the Site are subject to change at any time without notice. If you wish to purchase any product available through the Site, you must supply certain information relevant to the sales transaction, including but not limited to your name, credit card number, expiration date and security code for your credit card, your billing address and your shipping address. You hereby represent and warrant that you have the legal right to use the credit card that you provide in connection with the sales transaction. By submitting the foregoing information, you grant to Fitnesswood the right to provide that information to third parties for purposes of facilitating the completion of the sales transaction.
Our acknowledgement of an order means that your order request has been received; it does not mean that your order has been accepted or shipped or that the price or availability of an item has been confirmed. Fitnesswood reserves the right to terminate your account, refuse service to you or change or cancel orders. In the event we make a change to or cancel an order, we will attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
Occasionally there may be information about products, pricing or promotions on the Site that contains typographical errors, inaccuracies or omissions. Fitnesswood reserves the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the Site is inaccurate at any time without prior notice (including after you have submitted an order). As part of our shipping procedures, we verify the availability and the price before an item is shipped. If an item’s correct price is lower than the price listed on the Site, we will charge the lower amount and ship you the item. If an item’s correct price is higher than the price listed on the Site, if the item is no longer available or if we determine that there were inaccuracies in our product information, we will cancel your order and notify you of such cancellation.
Certain products may be available exclusively online through the Site. These products may have limited quantities.
If you are not fully satisfied with your purchase you may return it in accordance with the Return Policy, which is incorporated into these Terms & Conditions in its entirety.
We attempt to display as accurately as possible the colors of the products that appear on the Site; however, Fitnesswood cannot guarantee that the display of any color will be accurate.
Links to Other Websites
Fitnesswood does not represent or warrant that the Site and/or your access thereto will be uninterrupted or error-free, or that the Site will meet your expectations or requirements. THE SITE AND ALL Fitnesswood-PROVIDED CONTENT, MATERIALS, PRODUCT INFORMATION AND PHOTOS, AND ANY USER CONTENT MADE AVAILABLE TO YOU THROUGH THE SITE, ARE PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. BY WAY OF EXPLANATION AND NOT LIMITATION, Fitnesswood MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE OPERATION OF THE SITE, THE ACCURACY OR COMPLETENESS OF THE CONTENTS OF THE SITE, OR THAT COMMUNICATIONS SENT THROUGH THE SITE WILL BE TRANSMITTED OR COMPLETE. YOU HEREBY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMITTED BY LAW, Fitnesswood DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE SITE AND THE SITE CONTENTS, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE AND NON-INFRINGEMENT.
Limitation of Liability
NONE OF Fitnesswood, ITS OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS WILL BE LIABLE FOR ANY DIRECT OR INDIRECT DAMAGES OR LOSSES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SITE, OR ANY OF THE SITE CONTENTS. THIS LIMITATION OF LIABILITY APPLIES TO ALL DAMAGES AND LOSSES OF EVERY KIND, INCLUDING BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, WHETHER ARISING IN CONTRACT OR TORT, AND EVEN IF Fitnesswood HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
THE LAW OF YOUR JURISDICTION MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU, AND YOU MAY HAVE RIGHTS IN ADDITION TO THOSE SET FORTH HEREIN.
You hereby agree to defend, indemnify and hold harmless Fitnesswood and its officers, directors, employees and agents from and against any and all liabilities, losses, claims, suits, damages, costs and expenses (including reasonable attorneys’ fees), arising from or related to your use of the Site, including but not limited to any User Content that you submit and/or your breach of any representation, warranty, or other provision of these Terms & Conditions.
Governing Law and Venue
YOU HEREBY ACKNOWLEDGE AND AGREE THAT ALL MATTERS RELATING TO YOUR ACCESS TO OR USE OF THE SITE AND ALL MATTERS ARISING OUT OF OR RELATED TO THESE TERMS & CONDITIONS WILL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF [NEW YORK], WITHOUT REGARD TO ITS CONFLICT OF LAW PROVISIONS. THE EXCLUSIVE FORUM AND VENUE FOR ANY LEGAL ACTIONS OR DISPUTES ARISING OUT OF OR RELATED TO THESE TERMS & CONDITIONS SHALL BE THE STATE AND/OR FEDERAL COURTS LOCATED IN [NEW YORK COUNTY, NEW YORK], AND YOU HEREBY SUBMIT TO THE PERSONAL JURISDICTION OF THOSE COURTS.
You may cease accessing the Site at any time. Fitnesswood may terminate your access to the Site at any time without notice, for any reason or no reason at all. You agree that Fitnesswood shall not be liable to you or any third party for its termination of your access to the Site. Upon termination, all provisions of these Terms & Conditions which are by their nature intended to survive termination, all representations and warranties, all limitations of liability, and all indemnification obligations shall survive such termination.
Notice and Procedure for Making Claims of Copyright Infringemen Fitnesswood respects the intellectual property of others, and our policy is to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act (“DMCA”). If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Fitnesswood copyright agent with the written information specified below, by regular mail, fax email only.
(i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
(ii) a description of the copyrighted work that you claim has been infringed;
(iii) a description of where the material that you claim is infringing is located on the website;
(iv) your address, telephone number and email address;
(v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and
(vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
If you have any questions regarding these Terms & Conditions, please contact us by email at service@Fitnesswood.com.