Please review this Agreement carefully. If you do not agree to all of the terms of the Agreement, you are NOT AUTHORIZED to access or use the Website or to purchase products or services from the Website.
You acknowledge that this Agreement is legally binding and governs your use of the Website and the purchase of any products and services. When you submit an order for a product or service, you are certifying that you have read, understood, and agree to be bound by, all of the terms in the Agreement.
You agree to the terms and conditions of this Agreement. This Agreement constitutes the entire and only agreement between you and Fitness Republic with respect to your use of the Website and purchase of our Products, and supersedes all prior or contemporaneous agreements, representations, warranties and/or understandings with respect thereto. The content contained herein and/or the analyses, research, opinions and other information provided by or through the Website, through Customer Support, or through any other agent of the Fitness Republic may be updated and/or amended from time to time, in whole or in part, at any time without specific notice to you. The latest terms of this Agreement will be posted on the Website. Your continued use of the Website and/or receipt of new Products delivered to you following any updates or amendments shall constitute your acceptance of all of the terms and conditions contained within the Agreement in effect at that time. You agree to and shall regularly check the Website for such updates and/or amendments. Unless expressly stated otherwise, any future offer(s) or product(s) made available to you by the Fitness Republic on the Website shall be subject to the terms of this Agreement at the time of your purchase. The Fitness Republic is not responsible or liable in any manner whatsoever for your inability to use the Website and/or to order Products. The Website and Products offered are available only to individuals who are at least eighteen (18) years of age and/or who can enter into legally binding contracts under Utah law. The Fitness Republic reserves the right, in its sole discretion, to deny any order of anyone at any time and for any reason, whatsoever. You certify that you are eighteen (18) years of age and agree to provide true, accurate, current and complete information when asked for such information. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
ACCURACY OF INFORMATION
Although the Fitness Republic makes reasonable efforts to ensure that the information provided through this Website is current and accurate, the Fitness Republic makes no representations or warranties as to the accuracy, reliability, completeness or timeliness of such information, and the Fitness Republic makes no commitment and disclaims any duty to update such information. For further explanation regarding the information provided through this Website, please review our Disclaimer on Information and Advice. In addition, the Fitness Republic, from time to time, permits third parties to provide testimonials and information. The Fitness Republic may also, from time to time, post articles and other information provided by third parties that we believe might be of benefit or interest to our users. You acknowledge that the opinions and recommendations of third parties contained in this Website are not necessarily those of the Fitness Republic or endorsed by the Fitness Republic. All information is provided “as is” without any representation, warranty or condition as to its accuracy or reliability.
DISCLAIMER ON INFORMATION AND ADVICE
The goal of the Website is to provide general information and products regarding health, fitness, relationship, personal growth and other popular fitness related topics to the general public. The website is not intended nor should it be construed as providing professional medical, fitness, relationship, financial or legal advice. The Website and the information contained on the Website are not a replacement for obtaining professional medical care or professional legal and financial advice. You should consult a trained medical professional for consultation, diagnosis and treatment of any health, fitness or diet related issue and any topic covered on the Website. Before participating in any diet or exercise program or using any diet or fitness products or services that may be described and/or made accessible in or through the Website, we strongly recommend that you consult with a physician or other healthcare provider. Fitness Republic, its staff and its content providers are not rendering professional advice of any kind to you personally, including without limitation, medical, psychological, emotional, relationship or personal growth advice, counseling, therapy, treatment or coaching, but are merely providing general education and information to you about health and fitness. You acknowledge and agree that the warnings and disclaimers herein shall apply to all Website content.
The Website is intended for personal use by individuals. You agree not to provide any personally identifiable information of any third party or to create profiles on behalf of any other person unless you are the parent or legal guardian of a child and you create a profile for your child.
USE OF THIS WEBSITE
You hereby agree that you will hold indemnify, defend, and hold harmless the Fitness Republic and its officers, directors, employees, and volunteers from all claims arising out of or related to your access or use of, or your inability to access or use, this Website, including any information or material viewed or downloaded from this Website or another website to which it is linked that appear to you or are construed by you to be obscene, offensive, or defamatory.
All features, content, specifications, products and prices of products and services described or depicted on the Website are subject to change at any time without notice. Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. We make all reasonable efforts to accurately display the attributes of our products, including the applicable colors; however, the actual color you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors. The inclusion of any products or services on the Website at a particular time does not imply or warrant that these products or services will be available at any time. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any item purchased from the Website. By placing an order, you represent that the products ordered will be used only in a lawful manner.
When an order is placed, it will be shipped to an address designated by the purchaser as long as that shipping address is compliant with the shipping restrictions contained on the Website. All purchases from this Website are made pursuant to a shipment contract. As a result, risk of loss and title for items purchased from the Website pass to you upon delivery of the items to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments.
We attempt to ensure that information on the Website is complete, accurate and current. Despite our efforts, the information on the Website may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or currentness of any information on the Website. For example, products included on the Website may be unavailable, may have different attributes than those listed, or may actually carry a different price than that stated on the Website. In addition, we may make changes in information about price and availability without notice.
We make every effort to ensure the accuracy of the price on our web site. When errors are discovered, we will correct them. Be advised that we reserve the right to revoke any stated offer and to correct any errors, inaccuracies or omissions, including after an order has been submitted, after it has been confirmed, or after your credit card has been charged. If we discover a pricing error after your credit card has been charged and your order is canceled as a result of the error, your credit card will be refunded back the full amount of your order. You will be notified via email if your order has been canceled and be given the opportunity to place the order at the correct price. Please note that individual bank policies vary when the amount is credited back to your account. Prices and availability are subject to change without prior notice. While it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service. We reserve the right, without prior notice, to limit the order quantity on any product or service and/or to refuse service to any customer. We also may require verification of information prior to the acceptance and/or shipment of any order.
ALL PRODUCTS AND SERVICES PURCHASED ON OR THROUGH THE WEBSITE ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURES, DISTRIBUTORS AND SUPPLIERS, IF ANY. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, ANY IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCTS AND SERVICES LISTED OR PURCHASED ON OR THROUGH THE WEBSITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE HEREBY EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION. WE MAKE NO WARRANTIES TO THOSE DEFINED AS “CONSUMERS” IN THE MAGNUSON-MOSS WARRANTY-FEDERAL TRADE COMMISSION IMPROVEMENTS ACT. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
You should not use the information on this site for diagnosis or treatment of any health problem or for prescription of any medication or other treatment. You should always speak with your physician or other healthcare professional, and carefully read all information provided with a product label or packaging, before taking any medication or nutritional, herbal or homeopathic supplement, before starting any diet or exercise program or before adopting any treatment for a health problem. Each person is different, and the way you react to a particular product may be significantly different from the way other people react to such product.
In order to access or use some features of the Website, you may have to become a registered user. If you are under the age of 18, then you are not permitted to register as a user or otherwise submit personal information.
If you become a registered user, you will provide true, accurate, and complete registration information and, if such information changes, you will promptly update the relevant registration information. During registration, you will create a user name and password (a “Subscription”), which may permit you access to certain areas of the Website not available to non-registered users. You are responsible for safeguarding and maintaining the confidentiality of your Subscription. You are solely responsible for the activity that occurs under your Subscription, whether or not you have authorized the activity.
COMMENTING/SOCIAL MEDIA POLICY
The following guidelines govern all comments, contributions, discussions, etc. on the Website in any format.
– Be respectful.
– Personal attacks, mean-spirited comments, aggressive/threatening/salacious/profane language will not be tolerated. Where necessary, any such posts will be turned over to appropriate law enforcement personnel.
– Promotional posts are not permitted.
Fitness Republic reserves the right to monitor and delete any comment/post that do not fit the guidelines or the purpose and goals of Fitness Republic.
DISCLAIMER OF LIABILITY
This Website contains general information and may contain errors, omissions and inaccuracies. The Fitness Republic assumes no liability or responsibility for any such errors, omissions or inaccuracies or any other limitation that may arise in relation to this Website. This Website (including the content and information found on this Website) should not be relied upon for any personal, health, medical, commercial or financial matters, and you should consult an appropriate professional for advice based on your specific circumstances. The Fitness Republic may make modifications and/or changes to this Website at any time without notice.
THIS WEBSITE IS PROVIDED “AS IS” AND “AS AVAILABLE” AND IS BEING USED BY YOU STRICTLY AT YOUR SOLE RISK. THE FITNESS REPUBLIC MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT (1) THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS OR ACCURACY OF THIS WEBSITE OR THE INFORMATION, CONTENT, OR SERVICES AVAILABLE ON OR THROUGH THIS WEBSITE, (2) ERRORS OR OMISSIONS THAT MAY BE CONTAINED IN THIS WEBSITE OR THE INFORMATION, CONTENT, OR SERVICES AVAILABLE ON OR THROUGH THIS WEBSITE, (3) OR THAT THIS WEBSITE, THE INFORMATION, CONTENT, OR SERVICES AVAILABLE ON OR THROUGH THIS WEBSITE, OR THE SERVER THAT MAKES EACH OF THESE AVAILABLE, IS FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS. ALL SUCH WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR THE USE OF THIS WEBSITE. THE FITNESS REPUBLIC HEREBY EXPRESSLY DISCLAIMS ALL CONDITIONS, WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS, EXPRESS OR IMPLIED, WITH RESPECT TO THIS WEBSITE AND THE INFORMATION, CONTENT, OR SERVICES AVAILABLE ON OR THROUGH THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED CONDITIONS, REPRESENTATIONS OR WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT, AND ALL OTHER WARRANTIES, REPRESENTATIONS AND CONDITIONS IMPLIED BY STATUTE.
IN NO EVENT SHALL THE FITNESS REPUBLIC BE LIABLE FOR ANY SPECIAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA, REVENUE OR PROFITS, WHETHER RESULTING FROM AN ACTION OF CONTRACT, INTELLECTUAL PROPERTY INFRINGEMENT, NEGLIGENCE OR OTHER TORT OR CLAIM, ARISING OUT OF OR IN CONNECTION WITH THE USE OR RELIANCE UPON THE INFORMATION ON THIS WEBSITE AND THE INFORMATION, CONTENT, OR SERVICES AVAILABLE ON OR THROUGH THIS WEBSITE.
Some states do not allow certain exclusion of implied warranties, so the above exclusions with respect to implied warranties may not apply to you. Other states do not allow certain limitations or exclusions of liability for incidental or consequential damages, so the above limitation or exclusion of liability may not apply to you.
Order Confirmation. If you do not receive an order confirmation by email within 24 hours of placing your order, please contact customer service.
Cancellations. All orders are processed within one day. Once Fitness Republic has shipped the product, you cannot cancel your order. You may be able to apply for a refund by contacting customer support. UNLESS OTHERWISE INDICATED YOU WILL BE SOLELY RESPONSIBLE FOR ALL SHIPPING COSTS FOR ANY RETURNED ITEM.
Returns. Items may be returned under the following circumstances: – You received the wrong item. We accommodate our valued customers by offering a prepaid return label for the return of the incorrect merchandise and also ship the correct item(s) without any additional shipping fee.
– You ordered the wrong item. If you have erroneously logged an order you need to react quickly by contacting Customer Service. If the order has already been shipped, simply refuse delivery and the item may be sent back to us without additional charge to you. We will deduct the shipping fees and issue you a refund against product price only.
– Your product arrived damaged. We make every effort to adequately pack your shipments to ensure the protection of the contents. If, however, your item arrives damaged please contact Customer Service. You will be required to send pictures of the damaged item(s). Upon receiving the photos, we instruct our shipping team to reship a new item with a prepaid return label included in the box of the new item. Upon receiving the new item customer is requested to reship the damaged item using the return label. We will then investigate the matter with the third party shipping company.
FOR ANY OTHER QUESTIONS, CONCERNS OR COMMENTS ABOUT YOUR ORDER, PLEASE CONTACT CUSTOMER SERVICE.
Customer Service. email@example.com, 877-690-1933.
LIMITED REMEDIES; DISPUTE RESOLUTION
Except as otherwise provided herein, this Agreement confirms that the Fitness Republic’s sole legal responsibility and liability for any merchandise timely rejected and returned (i.e., for untimely or non-delivery, for nonconforming merchandise, for mishandling or product defects of any kind) shall be to refund the purchase price paid for, or to replace, any merchandise, at the option of the Fitness Republic.
Any dispute concerning any term of this Agreement shall be resolved solely and exclusively by arbitration to be held in Salt Lake County, State of Utah by a single disinterested arbitrator with the American Arbitration Association and pursuant to Utah law, which shall be deemed to govern this Agreement the benefits of which are acknowledged by you. Except as may be required to enforce an arbitration decision, you and the Fitness Republic expressly waive the right to file any legal action in any other state or federal court or before any other tribunal, and the right to a trial by jury. Each party to such arbitration shall be responsible for its own attorneys’ fees and costs regardless of the outcome of the arbitration.
REFERENCES AND LINKS TO THIRD PARTY SITES
This Website may refer to, or provide hyperlinks to the webpage of, other individuals, companies, entities, organizations, products or services. These references and links (collectively, “Links”) are supplied to you merely as a convenience and the inclusion of any Link does not and shall not imply any approval, endorsement or recommendation by the Fitness Republic of such individuals, companies, entities or organizations, products or services. Please note that accessing any other website linked to or from this Website is done at your own risk. The Fitness Republic has not reviewed and is not responsible for the content of any third party sites linked to or from this Website and does not make any representations regarding the content or accuracy of materials on such third party sites. The Fitness Republic is not responsible for the information, materials, or content contained at any website linked to or from this Website.
NOTICE – INTERNET TECHNOLOGY AND THE APPLICABLE LAWS, RULES AND REGULATIONS CHANGE PERIODICALLY. ACCORDINGLY, THE FITNESS REPUBLIC RESERVES THE RIGHT TO MAKE CHANGES TO THIS TO WEBSITE AT ANY TIME. YOUR CONTINUED USE OF THE WEB SITE CONSTITUTES YOUR AGREEMENT TO ANY NEW OR AMENDED PROVISION OF THIS AGREEMENT THAT MAY BE POSTED ON THE WEB SITE.
NOTICE – THE FITNESS REPUBLIC IS NOT A COVERED ENTITY FOR PURPOSES OF THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996 (“HIPAA”), NOR IS THE INFORMATION PROVIDED BY YOU TO FITNESS REPUBLIC CONSIDERED PROTECTED HEALTH INFORMATION UNDER HIPAA. AS SUCH, THE ADDITIONAL PRIVACY AND SECURITY PROTECTIONS AFFORDED TO CONSUMERS/PATIENTS UNDER HIPAA ARE NOT CONTEMPLATED BY, NOR CONTAINED WITHIN, THIS AGREEMENT.
Contact Us: firstname.lastname@example.org