FitnessGearUSA store may amend these terms and conditions at any time. User’s continued use of this website constitutes acceptance of the terms and conditions stated at the time of use. This website shall be accessible to Users with disabilities.
Order Acceptance and Validation
After you place an order we will review the information you provided for validity by verifying your method of payment, billing and/or shipping address.
• We will contact you (via email or phone) if additional information is required to accept your order.
• Invalid order information will result in delays processing your order.
• We reserve the right not to sell to resellers.
• We reserve the right to refuse or cancel any order you place with us, and/or to limit quantities on any order, without giving any reason. If your order is canceled, we will attempt to notify you using the e-mail address you have given us with the order. You will not be charged if your order is canceled.
Promotions – Terms and Conditions
Promotional discount is automatically applied to your order when at checkout. Offer valid only while supplies last and not applicable to canceled orders due to out-of-stock merchandise. Discount does not apply to taxes, gift wrapping or similar charges. Discount not applicable with returned merchandise; total discount will be deducted from the value of any returned item to which the discount applied. Entire order must be shipped to a single address and customer is responsible for all shipping costs for returned merchandise. Offer not applicable on previously purchased items. This promotional offer may be modified or terminated at any time without notice.
User agrees that all the information posted or accessed by User will be used only for informational or educational purposes. There will be no commercial or other unauthorized use of interactive features. User will not engage in any conduct or action that is prohibited by law or violates and federal, state, or local laws. Users of this site also agree not to distribute, post, publish or otherwise communicate any content which defames, abuses or threatens others, which is hateful or racially offensive, or which contains vulgar, obscene or indecent language or images, or which contains unauthorized copyrighted material or infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party.
Proprietary Rights to Content
All materials contained in this website are copyrighted except where explicitly noted otherwise. FitnessGearUSA store All rights reserved.
User acknowledges and agrees that content, including but not limited to text, software, music, sound, photographs, video, graphics or other material contained in this website (“Content”) is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. User understands and agrees that User is permitted to make one (1) copy of such Content for personal use only. User may not copy, reproduce, distribute or create derivative works from this Content or use this Content other than as expressly authorized by this Agreement without prior, express authorization from FitnessGearUSA store.
Links to Third Party Sites
FitnessGearUSA store may provide Users with links to other websites. These third party sites are not under the control of FitnessGearUSA store and User acknowledges that FitnessGearUSA store is not responsible or liable for any content, advertising, products or other materials available from such third party sites. User also agrees that FitnessGearUSA store shall not be liable for any loss or damage of any sort incurred as the result of using any third party’s website.
Limitation of Liability
USER EXPRESSLY UNDERSTANDS AND AGREES THAT FitnessGearUSA store SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE (DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPT OR OTHERWISE) RESULTING FROM ANY USE OF, OR INABILITY TO USE, THIS WEBSITE, OR RESULTING FROM ANY ERRORS OR OMISSIONS IN THE CONTENT OF THIS WEBSITE, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED, EVEN IF FitnessGearUSA store HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.
NOTE: SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
Disclaimer of Warranties
FitnessGearUSA store makes no warranty that this website will meet your requirements or that it will be uninterrupted, timely, secure or error free; nor does FitnessGearUSA store make any warranty as to the results that may be obtained from the use of this website or as to the accuracy or reliability of any information obtained through this website. USER UNDERSTANDS AND AGREES THAT ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS WEBSITE IS DONE AT USER’S OWN RISK AND THAT USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE DONE TO USER’S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT.
UNLESS EXPRESSLY STATED OTHERWISE, FitnessGearUSA store PROVIDES THIS SITE CONTENT “AS IS” AND “AS AVAILABLE” AND WITHOUT WARRANTIES OR ANY KIND, EITHER EXPRESS OR IMPLIED, TO THE FULLEST EXTENT ALLOWABLE BY LAW. THIS INCLUDES THE IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OF INTELLECTUAL PROPERTY, AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL FitnessGearUSA store OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INDCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION OR LOSS OF INFORMATION) ARISING OUT OF THE USE OR INABILITY TO USE THE SITE CONTENT, EVEN IF FitnessGearUSA store HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTE: SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
User agrees, at User’s expense, to indemnify, defend and hold harmless FitnessGearUSA store, its officers, directors, employees, agents, affiliates, distributors and licensees from and against any judgment, losses, deficiencies, damages, liabilities, costs and expenses (including reasonable attorney’s fees and expenses) incurred in connection with or arising from any claim, demand, suit, action or proceeding arising out of User’s breach of this Agreement or in connection with User’s use of this website or any product or service related thereto.
Venue and Governing Law
This Agreement and the relationship between User and FitnessGearUSA store shall be governed by and construed in accordance with the laws of the State of Indiana. Any controversy or claim arising out of or relating to this Agreement or relating to use of this website and the material contained in this website shall be resolved in a federal or state court in Marion County. User agrees that, regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to this Agreement must be filed within one (1) year after such claim or cause of action arises or it will be forever barred.
The waiver by either party of a breach or right under this Agreement will not constitute a waiver of any subsequent breach or right. If any provision of this Agreement is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of this Agreement, which will otherwise remain in full force and effect.
Reservation of Rights
Any rights not expressly granted herein are reserved.