Effective Date: December 1, 2025

Welcome to www.fitnesssuperstore.com (the "Website"), hosted on the Shopify Plus e-commerce platform. TJF Ventures LLC, a California limited liability company, doing business as "Fitness Superstore" ("we," "us," "our," or the "Company"), owns and operates this Website.

These Terms and Conditions (this "Agreement") constitute a legally binding agreement between you ("you" or "your") and the Company governing your use of the Website. By accessing or using the Website, you acknowledge that you have read, understood, and agree to be bound by this Agreement. If you do not agree to this Agreement, you may not access or use the Website.

This Agreement incorporates by reference our Privacy Policy, Cookie Policy, Payment Methods, Shipping Information, International Sales, Return and Refund Policy, Cancellation Policy, Chargeback Policy, Warranty Policy, Accessibility Statement, and "Do Not Sell or Share My Personal Information" page, all of which are available on our Website.

1. Definitions

• "Account" means your account on the Website.
• "Our Content" means all content featured or displayed on the Website.
• "Product(s)" means any item listed on the Website.
• "Services" means all services provided by us through the Website.
• "User Content" means content submitted by users.

2. Company Structure and Service Coordination

• 2.1. TJF Ventures LLC d/b/a Fitness Superstore

  TJF Ventures LLC, doing business as Fitness Superstore, is responsible for all sales, order fulfillment, customer service, and e-commerce operations conducted through this Website. You always contract with Fitness Superstore for all purchases and services.

• 2.2. National Gym Service (In-House Service Coordinator)

  National Gym Service LLC ("National Gym Service") is our in-house service coordinator and affiliated company under common ownership with Fitness Superstore. National Gym Service coordinates, schedules, and manages equipment installation, warranty service, maintenance, and repair services on our behalf.

  National Gym Service may use qualified third-party service providers and contractors to perform the actual installation and repair work. When you purchase installation services, extended warranties, or require warranty repairs, National Gym Service will coordinate these services by engaging appropriate service providers as needed.

  Liability: TJF Ventures LLC d/b/a Fitness Superstore remains responsible for ensuring that all contracted services are performed satisfactorily. Any claims related to installation, warranty, or service work should be directed to Fitness Superstore customer service at legal@fitnesssuperstore.com.

3. Additional Shipping & Delivery Costs

• 3.1 The shipping and delivery costs on our Website assume that you have provided us with accurate shipping and warranty details, accurate installation details, and you are able to receive the Product(s) within five (5) business days of our shipper attempting to contact you.
• 3.2 The following may incur additional shipping and delivery costs:
  • 3.2.1 Making an appointment for delivery and waiting until the truck is loaded to cancel, or failing to cancel;
  • 3.2.2 Making a delivery appointment and being late, causing idle time;
  • 3.2.3 Not being able to receive within five (5) business days, leading to storage fees;
  • 3.2.4 Providing inaccurate measurements or information leading to failed delivery.
• 3.3 If you cause additional shipping and delivery costs, we reserve the right to assess those costs, and you agree to be responsible for such costs.

4. Additional Warranty Costs

• 4.1 The following may incur additional warranty costs:
  • 4.1.1 Canceling after service provider is in transit, or not canceling;
  • 4.1.2 Mislocating parts sent, or any situation that requires additional time and/or trips;
  • 4.1.3 Not being on site or not allowing the service provider to work on the equipment when they arrive, causing idle time;
  • 4.1.4 Providing inaccurate address info, causing reshipment of parts;
  • 4.1.5 Losing parts, or not sending parts back when asked.
• 4.2 If you cause additional warranty costs, we reserve the right to assess those costs, and you agree to be responsible for such costs.

5. Eligibility and Account Requirements

• 5.1 You must be at least 18 years of age to use this Website.
• 5.2 You are responsible for maintaining the confidentiality of your account credentials.

6. Products and Services

• 6.1. Product Information

  We strive to provide accurate product descriptions, specifications, and pricing. However, we do not warrant that product descriptions or other content is accurate, complete, reliable, current, or error-free. Product images are for illustrative purposes only.

• 6.2. Pricing and Payment

  All prices are in U.S. dollars unless otherwise indicated. We reserve the right to correct pricing errors and to change prices at any time without notice.

• 6.3. Checkout Acknowledgment

  BY PLACING AN ORDER, YOU CONFIRM YOUR AGREEMENT TO THESE TERMS.

  By placing an order and clicking the final "Pay now" or similar button at checkout, you confirm that you are at least 18 years old and that you have read and agree to be bound by this Agreement, our Return Policy, Warranty Policy, Chargeback Policy, and Privacy Policy.

  For remanufactured commercial equipment (including but not limited to commercial treadmills, ellipticals, bikes, and strength machines), you acknowledge and agree that:

  • These items are NOT returnable once delivered, except where a return is required by applicable law
  • Any defects or issues will be resolved through warranty service (repair and/or replacement parts)
  • Minor cosmetic imperfections (scratches, scuffs, touch-up paint, color variations) are normal for remanufactured equipment and do not constitute defects or grounds for return
  • Returns are not accepted for buyer's remorse, comfort preference, noise level, or preference changes on these items

  This checkout acknowledgment does not limit any rights you may have under applicable law that cannot be waived by contract.

• 6.4. Installation and Warranty Services

  Installation and warranty services are coordinated by National Gym Service, our in-house service coordinator, which may engage qualified third-party contractors to perform the work. Service appointments will be scheduled at mutually convenient times. You must be present during scheduled service appointments. You agree to work with us by providing photos, allowing technicians access to the equipment, and returning any requested parts.

• 6.5. Remanufactured Commercial Equipment

  IMPORTANT: Remanufactured commercial equipment is NOT returnable once delivered, except where a return is required by applicable law. These items are covered by warranty service only.

  Remanufactured commercial fitness equipment (including but not limited to commercial treadmills, ellipticals, bikes, and strength machines) has been professionally refurbished to meet or exceed original manufacturer specifications. Due to the size, weight, and specialized nature of this equipment, these products are serviced and repaired under warranty rather than returned for comfort preference, noise level, buyer's remorse, or minor cosmetic concerns.

  • Returns are NOT accepted once delivery has been completed, except where required by applicable law
  • All issues are resolved through warranty service (repair, parts replacement)
  • Warranty service is coordinated by National Gym Service
  • If, after reasonable repair attempts, a covered defect cannot be repaired so that the unit functions as described, we will work with you on an appropriate resolution

  Condition at Delivery: Remanufactured equipment may have minor cosmetic imperfections (scratches, scuffs, touch-up paint, color variations) that do not affect functionality. These characteristics are normal for remanufactured equipment and are not considered defects. They do not constitute grounds for return or chargeback. Equipment is guaranteed to be mechanically sound and fully functional. Cosmetic concerns should be reported within 48 hours of delivery and may be addressed through touch-up solutions or repair parts under warranty.

  See our Return Policy and Warranty Policy for complete details.

7. Shipping and Delivery

Shipping terms, delivery timeframes, and associated costs are provided at checkout and in our Shipping Information policy. Risk of loss passes to you upon delivery. Please inspect all items upon delivery and report any damage within 48 hours. See Section 3 for additional shipping and delivery costs that may apply.

• 7.1. Freight Deliveries (LTL Shipments)

  Large and heavy items (including most commercial fitness equipment) ship via LTL freight carrier. Freight deliveries require special handling:

  • Delivery appointments are typically scheduled 24-48 hours in advance
  • Someone must be present to receive the delivery
  • Liftgate service is available for an additional fee if you cannot unload from a truck
  • White glove/inside delivery is available in some areas for an additional fee
• 7.2. Damage on Delivery – Freight Shipments

  CRITICAL: You MUST note ANY damage on the delivery receipt at time of delivery. Failure to note damage may void your ability to file a damage claim.

  At time of delivery:

  • Inspect all packaging before signing the delivery receipt
  • Note ANY visible damage on the delivery receipt – even if it's "possible damage" or "carton crushed"
  • Take photos of packaging and damage BEFORE opening
  • Do NOT refuse delivery unless completely destroyed – accept delivery and note damage
  • Report damage to us within 48 hours with photos

  Resolution process:

  • We will first attempt to repair damage or send replacement parts under warranty
  • This is faster and more cost-effective than returning heavy freight items
  • If damage is severe and cannot be repaired, we will work with you on a replacement or refund

  If you sign without noting damage, freight claims become extremely difficult to process, and you may be responsible for repair costs.

8. Returns and Refunds

Returns are subject to our Return Policy. Eligible items may be returned within 14 days of delivery in original condition. A 25% restocking fee plus actual freight costs (both outbound and return) applies to all returns. Return shipping costs are the customer's responsibility. Returns must be shipped within 10 days of authorization or the return is void.

Remanufactured commercial equipment is NOT returnable once delivered, except where a return is required by applicable law – these items are serviced and repaired under warranty rather than returned for comfort preference, noise level, buyer's remorse, or minor cosmetic concerns. Defects and freight damage are resolved through warranty repair and replacement parts first, not automatic returns.

See our full Return Policy for complete terms.

9. Warranty

Product warranties vary by manufacturer and product type. Warranty service is coordinated by National Gym Service, our in-house service coordinator, which may engage qualified third-party contractors to perform warranty work. Defects and issues are resolved through repair and parts replacement under warranty – NOT returns. See our full Warranty Policy for details. See Section 4 for additional warranty costs that may apply.

10. Third Party Links

The Website may contain links to sites we do not control. We are not responsible for their content.

11. Our Content

All content on the Website is owned by us or our licensors and protected by intellectual property laws. You may not reproduce, distribute, or modify Our Content without written consent.

12. Trademarks

All trademarks, service marks, and trade names are our property or our licensors' property.

13. User Content

By submitting User Content, you grant us a nonexclusive, royalty-free, worldwide, perpetual license to use, modify, and distribute such content. We may remove User Content at our discretion.

14. Intellectual Property Rights

We claim copyright and all other intellectual property rights to Our Content.

15. Digital Millennium Copyright Act (DMCA) Notice

If you believe your copyrighted work has been infringed, send a DMCA notice to legal@fitnesssuperstore.com including: (a) signature; (b) identification of copyrighted work; (c) location of infringing material; (d) your contact info; (e) good faith statement; (f) accuracy statement under penalty of perjury.

DMCA Agent: TJF Ventures LLC, Attn: DMCA Agent, 537 Stone Rd. STE F, Benicia, CA 94510

16. Use of the Website

You must use the Website for lawful purposes only. Commercial use requires our written consent.

17. Disclaimers

THE WEBSITE AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

18. Limitations of Liability

IN NO EVENT SHALL OUR TOTAL LIABILITY EXCEED THE GREATER OF $100 OR THE VALUE OF YOUR PURCHASE. WE ARE NOT LIABLE FOR INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES.

19. Indemnity

You agree to indemnify and hold us harmless from claims arising from your use of the Website, violation of this Agreement, or violation of any law or third-party rights.

20. Release

You release us from claims arising from disputes with other users or customers.

21. Communications

We may send you electronic communications regarding changes or additions to the Website.

Fitness Superstore SMS Alerts Program

By opting in to the Fitness Superstore SMS Alerts Program, you agree to receive text messages regarding your orders, shipping and delivery updates, installation and service scheduling, and customer support (collectively, “Customer Care Messages”). This program does not send marketing or promotional text messages.

You can cancel the SMS service at any time by replying STOP to any of our messages. After you send STOP, we will send you a confirmation message, and you will no longer receive text messages from us.

For assistance, reply HELP to any of our text messages or contact our support team at sales@fitnesssuperstore.com.

Message and data rates may apply for any messages sent to you from us and to us from you. Message frequency varies. Carriers are not liable for any delayed or undelivered messages.

Call Recording and Monitoring

We may monitor or record telephone calls between you and our team for quality assurance, training, customer support, and dispute prevention/resolution. Where required by law, we will provide notice and obtain consent before recording. If you do not consent to recording, please tell us at the start of the call and we will provide an alternative way to assist.

22. Force Majeure

We are not responsible for delays or failures due to acts beyond our reasonable control.

23. Dispute Resolution and Arbitration

• 23.1. Agreement to Arbitrate

  You and Fitness Superstore agree that any dispute arising out of this Agreement, the Website, or any Products or Services will be resolved through binding individual arbitration rather than in court, except for small claims court if qualifying. BY AGREEING TO ARBITRATION, YOU WAIVE YOUR RIGHT TO A JURY TRIAL AND CLASS ACTIONS.

• 23.2. Class Action Waiver

  EACH PARTY MAY BRING DISPUTES ONLY IN AN INDIVIDUAL CAPACITY, NOT AS A CLASS MEMBER.

• 23.3. Informal Resolution First

  Before arbitration, send written notice to legal@fitnesssuperstore.com. We will try to resolve within 60 days.

• 23.4. Arbitration Procedure

  Arbitration will be administered by AAA or JAMS under consumer rules. Hearings in Solano County, California, or by phone/video.

• 23.5. Arbitration Costs

  We pay filing fees for claims under $10,000. Larger claims follow provider rules.

• 23.6. Opt-Out Right

  You may opt out within 30 days of first purchase/use by emailing legal@fitnesssuperstore.com with subject "Arbitration Opt-Out."

• 23.7. Time Limit

  Claims must be filed within one (1) year or are permanently barred.

• 23.8. Survival

  This arbitration agreement survives termination of this Agreement.

24. Trade Sanctions

You represent you are not subject to OFAC sanctions or located in a sanctioned country.

25. Notice for California Users

California users may report complaints to: Complaint Assistance Unit, Division of Consumer Services, 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or (800) 952-5210.

26. Governing Law and Jurisdiction

This Agreement is governed by California law. For claims not subject to arbitration, exclusive venue is Solano County, California. OUT-OF-STATE PARTIES expressly consent to California jurisdiction.

27. General Provisions

This is the entire agreement. Invalid provisions are severed. We may assign this Agreement. No waiver of breach.

28. Changes to Terms

We may modify this Agreement at any time. Material changes will be posted with updated effective date.