TERMS AND CONDITIONS

Effective Date: August 05, 2024

Welcome to FitnessSuperstore.com ("Website"). Fitness Superstore Inc. (“we,” “us,” or “our”) owns and operates the Website.

The Terms and Conditions ("Agreement") is a legal agreement that explains the terms and conditions that all visitors, users, clients and customers (“you” or “your”) must comply with when using the Website.

This Agreement incorporates our Privacy Policy, Financing, Payment Methods, Shipping, International Sales, Cancellation, Return and Refund, and Warranty policies.

NOTICE REGARDING DISPUTE RESOLUTION, ARBITRATION, AND CLASS ACTION WAIVER. This Agreement contains provisions that govern how claims you and Fitness Superstore Inc. have against each other are resolved (see Section 22 (Limitations of Liability), Section 28 (Dispute Resolution, Arbitration, and Class Action Waiver), and Section 39 (Jurisdiction and Choice of Law) below). It also contains an agreement to arbitrate, which will, with limited exception, require you to submit claims you have against us to binding and final arbitration, unless you opt-out of the agreement to arbitrate in accordance with Section 28.11. Unless you opt-out: (A) you will only be permitted to pursue claims against Fitness Superstore Inc. on an individual basis, not as part of any class or representative action or proceeding and (B) you will only be permitted to seek relief (including without limitation monetary, injunctive, and declaratory relief) on an individual basis.

PLEASE READ THIS AGREEMENT CAREFULLY because it affects your rights and liabilities under the law. If you do not agree with this Agreement, you cannot use or access the Website.

1. DEFINITIONS

1.1 " Account" means the account that you have to create on the Website to log in, use, and access some parts of the Website.

1.2 " Content" means the information displayed at the Website including without limitation text, data, code, images, photographs, graphics, software, designs and any other materials that are available at the Website.

1.3 " Products" means all goods and products that we make available to you on the Website.

1.4 " Party" refers to either you, or us, or any other party to this Agreement.

1.5 " Parties" refer to both you and us.

1.6 " Services" refer to any work we perform for you.

1.7 " User Content" refers to the content which has been created by our users.

2. PRICES

2.1 You agree to pay for the price of the Products or Service that you purchased at the amount posted for such at the time of your purchase (“ Price”).

2.2 We are constantly updating our Products and Services on the Website. We make every attempt to ensure that our online catalog is as accurate and complete as possible. Unfortunately, it is not possible to ensure that any site is completely free of human or technological errors. The Prices of Products or Services available on our Website may be mispriced, described inaccurately, or unavailable, and we may experience delays in updating information on the Website and in our advertising on other sites. We cannot and do not guarantee the accuracy or completeness of any information, including Prices, images, specifications, and availability of the Product and Services.

2.3 We reserve the right to correct any errors, inaccuracies, or omissions; including after an order has been submitted, and to change or update information. We will notify you of the changes through e-mail or posting on the Website whenever applicable and relevant. We will not honor inaccurate or incorrect pricing. We do not negotiate the Prices.

2.4 If a listed Price is lower than its actual Price, we will contact you prior to processing the order to confirm the correct Price. Should you not want to continue with your order, your order will be canceled. You acknowledge and agree that we will not be obligated to sell the Product or Service at the lower, incorrect price.

2.5 In cases where the Price of what you purchased as shown on the Website is different from the Price on the order confirmation email you receive, the Price on such email will be the correct and final Price.

2.6 All Prices exclude taxes at current legal rate in U.S.A., unless stated otherwise in this Agreement. You are responsible for all other applicable taxes, including government-imposed taxes and sales taxes, and we shall charge taxes when required to do so.

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 on your 'primary phone number' and 'alt phone number' on file.

3.2 The following actions and situations based on certain later conduct of a consumer 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;

3.2.1 Making a delivery appointment and being late for delivery, causing the shipper to have to wait and accumulate idle time;

3.2.1 Not being able to receive the equipment within five (5) business days of the shipper attempting to make contact, leading to storage fees, which can be substantial; and/or

3.2.1 Providing inaccurate house measurements, or inaccurate information about delivery requirements, or insufficient information that leads to a failed delivery, or extra time spent on site.

3.3 If you cause additional shipping and delivery costs due to your later behaviors described above, we reserve the right to assess the additional costs incurred, and you agree to be responsible for such costs.

4. ADDITIONAL WARRANTY COSTS

4.1 The following actions and situations based on certain later conduct of a consumer may incur additional warranty costs:

4.1.1 Making an appointment for a service call and waiting until the service provider is in transit to cancel, or not canceling at all;

4.1.2 Mislocating parts sent, or any situation that requires the service provider to incur additional time and/or trip;

4.1.3 Not being on site or not being able to allow the service provider to work on the equipment when the provider shows up for an appointment, causing the service provider to accumulate idle time;

4.1.4 Providing inaccurate address info, causing the reshipment of parts; and/or

4.1.5 Losing parts, or not sending parts back when asked to do so.

4.2 If you cause additional warranty costs due to your later behaviors described above, we reserve the right to assess the additional costs incurred, and you agree to be responsible for such costs.

5. YOUR ACCOUNT

5.1 To use the Website, you will:

5.1.1 provide true, accurate, current, and complete information about yourself as prompted by the Website's login page (such information being the “ Account Information”); and

5.1.2 maintain and promptly update the Account Information to keep it true, accurate, current, and complete.

5.2 You are entirely responsible for the security and confidentiality of your Account and Account Information. You will not share your Account Information or your username and password with any third party or permit any third party to login to the Website using your Account Information. Furthermore, you are entirely responsible for any and all activities that occur under your Account. You agree to immediately notify us of any unauthorized use of your Account or any other breach of security of which you become aware. For more information on how we collect, store, use, and share your Account Information, please check our Privacy Policy.

5.3 You are responsible for taking precautions and providing security measures best suited for you situation and intended use of the Website.

5.4 The Website may also include a tool that allows you to sign in or register using information from your accounts in third party services, such as Facebook, X, Instagram, Pinterest, TikTok, and Google. These third-party services are not related to the Website, and your use of such third-party services is subject to the terms and policies of those services.

6. OUR CONTENT

6.1 Except for User Content as defined in Section 8 below, all of the content featured or displayed on the Website, including, without limitation, text, graphics, photographs, images, moving images, sound, and illustrations (“ Our Content”) are owned by us, our licensors, vendors, agents and/or our content providers. All elements of the Website, including without limitation the general design and Our Content, are protected by trade dress, copyright, moral rights, trademark, and other laws relating to intellectual property rights.

6.2 The Website, Our Content, and all related rights shall remain our exclusive property or of our licensors unless otherwise expressly agreed.

6.3 You will not remove any copyright, trademark, or other proprietary notices from Our Content.

6.4 Except as may be otherwise indicated in specific documents within the Website or as permitted by copyright law, you are authorized to view, play, print and download copyrighted documents, audio and video found on our Website for personal, informational, and non-commercial purposes only.

6.5 Except as permitted by copyright law, you may not modify any of the materials and you may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information or work contained on the Website.

7. TRADEMARKS/NO ENDORSEMENT

7.1 All of our trademarks, service marks and trade names used herein (including but not limited to: the “ Fitness Superstore” name, Fitness Superstore logo, the Website name, the Website design, and any logos) (collectively “Marks”) are our trademarks or registered trademarks or of our affiliates, partners, vendors or licensors. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify our trademarks in any way, including in advertising or publicity pertaining to distribution of materials on the Website, without our prior written consent. The use of our trademarks on any other site or network computer environment is not allowed. we prohibit the use of our trademarks as a “hot” link on or to any other site, unless we have approved in advance the establishment of such a link. You shall not use our name or any language, pictures or symbols which could, in our judgment, imply our endorsement in any (i) written or oral advertising or presentation, or (ii) brochure, newsletter, book, or other written material of whatever nature, without prior written consent.

8. USER CONTENTS

8.1 You may be able to submit or otherwise make available testimonials, reviews, messages, e-mails, photographs, videos, and other content for display on the Website (" User Content") as dictated by the functionality of the Website.

8.2 You shall be solely responsible for your own User Content and the consequences of posting or publishing them. The Website merely acts as a passive conduit for your online distribution and publication of User Content.

8.3 Without limiting any of our rights in law and equity, we reserve the right to remove any User Content for any reason in our sole discretion, including any User Content that we believe may violate this Agreement, or any copyright or third-party rights.

8.4 By submitting User Content, you automatically warrant and represent to us that you are the owner of all intellectual property rights in and to the User Content or that you otherwise have all sufficient rights to grant the license above. You further warrant and represent that the User Content infringes no third-party right of privacy, right of publicity, or any other third-party right or proprietary interest.

8.5 By submitting or otherwise making available any User Content on the Website, you automatically grant us a nonexclusive, royalty-free, worldwide, perpetual, irrevocable, sublicensable (through multiple tiers), license to use, modify, copy, distribute, transmit, publicly display, publicly perform, publish, adapt, create derivative works of, distribute, transfer, or sell any such content, for any purpose, including commercial purposes and in connection with advertising for the sole benefit of the Website, in any type of media or in any form now known or later developed, without any payment to you. In addition, you automatically waive and give up any claim that any use of such content violates any of your rights, including privacy rights, publicity rights, moral rights or any other right, including the right to approve the way the Website uses such content. You also grant us and the Website the right to use any material, information, ideas, concepts, know-how, or techniques contained in any communication you provide, submit, or otherwise make available to the Website or to us for any purpose whatsoever, including, without limitation, commercial purposes.

8.6 User Content does not represent our views or of any individual associated with us, and we do not control User Content. In no event shall you represent or suggest, directly or indirectly, our endorsement of User Content. We do not vouch for the accuracy or credibility of any User Content on our Website, and do not take any responsibility or assume any liability for any actions you may take as a result of reading User Content on our Website.

9. RIGHT TO TAKEDOWN

9.1 You shall remain solely responsible for your User Content, and we shall have no obligation to prescreen any such content. However, we shall have the right in our sole discretion to edit, refuse to post, or remove any material submitted to or posted on the Website at any time without notice. Without limiting the foregoing, we shall have the right to remove any material that we find to be in violation of the provisions hereof or otherwise objectionable, and the additional right to deny any User who fails to conform to any provision of this Agreement access to the Website.

9.2 If you wish to remove your User Content from the Website, please send us an email to [email protected]. We will remove your User Content within 14 business days of receiving your request. However, we may retain copies of your User Content, not accessible to the public, on our backup servers even after you request removal.

10. ADVERTISING RIGHTS

10.1 We reserve the right to sell, license and/or display any advertising, attribution, links, promotional and/or distribution rights in connection with any User Content. We and our licensors or affiliates will be entitled to retain any and all revenue generated from any sales or licenses of such advertising, attribution, links, or promotional or distribution rights. Nothing in this Agreement obligates or may be deemed to obligate us to sell, license or offer to sell or license any advertising, promotion, or distribution rights.

11. USE OF THE WEBSITE

11.1 We encourage a free and open exchange of ideas in a climate of mutual respect. Any action by a User that infringes on another user's right to use and enjoy the Website is prohibited. We reserve the right, but do not assume any obligation, to monitor your online conduct to enforce this Agreement.

11.2 You must use the Website for lawful purposes only.

11.3 Your use and access of the Website does not include any right of resale or commercial use of the Website or its Content; any collection and use of any Product listings, descriptions, or Prices; any derivative use of the Website or its Content; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.

11.4 The Website and/or any portion of the Website may not be reproduced, sold, resold, visited or otherwise exploited for any commercial purpose without our express written consent.

12. PROHIBITED USE

You may not do (or attempt to do) any of the following:

12.1 Disrupt or attempt to disrupt our servers in any way that could cause harm to the Website.

12.2 Distribute any material that contains software viruses or any other computer code, files, or programs that are designed or intended to: (a) disrupt, damage, or limit the functioning of the Website, any software, hardware, or telecommunications equipment used in connection therewith; or (b) damage or obtain unauthorized access to any data or other information of any third party.

12.3 Harass, abuse, threaten or incite violence towards any individual or group.

12.4 Hold yourself out as sponsored by, endorsed by, or affiliated with us or the Website.

12.5 Interfere with any other person's use of or the proper functioning of the Website.

12.6 Misrepresent your identity or impersonate any person.

12.7 Modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by us or the Website in connection with the Website.

12.8 Provide any information that is false, misleading, or inaccurate.

12.9 Use any meta tags or any other “hidden text” utilizing our name or trademarks without our express written consent.

12.10 Use any portion of the Website for any unlawful or fraudulent purpose or otherwise fail to comply with all applicable domestic and international laws, statutes, ordinances, and regulations.

12.11 Use any portion of the Website for uploading, posting, e-mailing, transmitting, or otherwise making available User Content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party.

12.12 Use any portion of the Website for uploading, posting, e-mailing, transmitting, or otherwise making available User Content that is harmful to minors in any way, harassing, harmful, threatening, abusive, vulgar, obscene, defamatory, libelous, hateful, or racially, ethnically, or otherwise objectionable.

12.13 Use any portion of the Website for uploading, posting, e-mailing, transmitting, or otherwise making available junk mail, commercial advertisements, or any other form of commercial solicitation.

12.14 Violate the privacy of any third party, this includes, but is not confined to, posting personal information about another person or entity without consent.

13. PAYMENT METHODS

13.1 We have engaged the services of various third-party suppliers (“ Payment Method”) to collect and manage your payments. You acknowledge and agree that the Payment Methods will perform the following for us:

13.1.1 credit and background verification of our potential customers;

13.1.2 access updated payment reports;

13.1.3 credit administration, management, and collection;

13.1.4 legal assistance in credit recovery;

13.1.5 assessment of our customers’ dependability; and

13.1.6 receive, facilitate, and assign your credit that is due to us.

13.2 The Payment Method is responsible, and we shall not be liable, for any matter in connection with the processing of your payments.

13.3 You agree to notify us or the Payment Method about any billing problems or discrepancies within the period prescribed by the Payment Method supplier. If you do not do so within the prescribed period, you agree that you waive your right to dispute such problems or discrepancies.

14. PAYMENTS

14.1 You agree to provide updated information regarding your credit card or payment method at any time the information is needed.

14.2 You warrant and represent that you have the right and authority to use the credit card or payment method you have provided.

14.3 You give us and the Payment Method the pre-authorization to verify if your credit card or payment method account is valid and has the necessary funds or credit available to cover your payments.

14.4 You authorize such credit card or payment method to pay any amount described herein.

14.5 You confirm that your credited card or payment method has sufficient funds, credit facilities and valid expiry date to cover the payment.

14.6 You will receive an electronic invoice for your payments. This electronic invoice shall serve as your official receipt.

14.7 In case of payment delay, you will not be able to use any chargeable features of our Website or Service until the payment in due has been fully paid.

14.8 Upon delay with any payments, you may be required to pay interest on the delay (penalty for late payment) for the period as of the time the payment obligation falls due until conforming performance is rendered. We reserve the right to assess reasonable interest charges on any amounts not paid by the date such payments are due.

14.9 You are solely responsible for any and all fees charged to your credit card or payment method by the issuer, bank, or financial institution including, but not limited to, subscription, overdraft, insufficient funds, and over the credit limit fees.

14.10 All orders are subject to our credit approval. We reserve the right to withhold shipment or to require other adequate assurances of performance of your payment obligations as we, in our discretion, may require, notwithstanding any order confirmation issued by us.

14.11 All payments shall be paid in US Dollars. You may have to incur costs for conversion and transfer of money if applied by your financial service provider.

14.12 Other payment methods are accepted only if provided on our Website.

15. DIGITAL MILLENNIUM COPYRIGHT ACT ("DMCA") NOTICE

15.1 In operating the Website, we may act as a “Service Provider” (as defined by DMCA) and offer services as an online provider of materials and links to third party sites. As a result, third party materials that we do not own or control may be transmitted, stored, accessed or otherwise made available using the Website. We have placed certain legally mandated procedures regarding allegations of copyright infringement occurring on the Website. We have adopted a policy that provides for the immediate removal of any content or the suspension of any user that is found to have infringed on our rights or of a third party, or that has otherwise violated any intellectual property laws or regulations, or any of the terms and conditions of this Agreement.

15.2 Notice. If you believe any material available via the Website infringes a copyright, you should notify us using the notice procedure for claimed infringement under the DMCA (17 U.S.C. Sect. 512(c)(2)). We will respond expeditiously to remove or disable access to the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the content. Our designated agent (i.e., proper party for notice) to whom you should address infringement notices under the DMCA is FITNESS SUPERSTORE INC, 537 Stone Rd. STE F, Benicia, CA 94510, +1-925-215-2927, [email protected]. To be effective, the notice must be a written communication where you:

15.2.1 Identify the copyrighted work or other intellectual property that you claim has been infringed;

15.2.2 Identify the material on the Website that you claim is infringing, with enough detail so that we may locate it on the Website;

15.2.3 A 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;

15.2.4 A statement by you declaring under penalty of perjury that (a) the above information in you notice is accurate, and (b) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;

15.2.5 Your address, telephone number, and email address; and

15.2.6 Your physical or electronic signature.

15.3 If your DMCA notice is complete and valid and the reported content is on the Website, we will take action expeditiously including contacting our customer to remove or disable access to the infringing content. Whenever we remove content in response to a DMCA notice, we provide a copy of the original complaint as well as your contact information to our customer. If our customer or user does not believe that the content is infringing or that the content should not be removed, they might reach out to you directly to resolve the issue or they might submit a counter-notice to us under the DMCA.

15.4 If you knowingly misrepresent in your notification that the material or activity is infringing, you will be liable for any damages, including costs and attorneys’ fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.

15.5 Please note that this procedure is exclusively for notifying us that your copyrighted material has been infringed.

15.6 Counter-Notice. We may give notice to our users of any infringement notice by means of a general notice on our Website, electronic mail to a user's email address in our records, or by written communication sent by first-class mail to a user's physical address in our records. If you receive such an infringement notice, you may provide counter-notification in writing to the designated agent that includes the information below. To be effective, the counter-notification must be a written communication that includes the following:

15.6.1 You physical or electronic signature;

15.6.2 Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;

15.6.3 A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and

15.6.4 Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a Federal District Court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which we may be found, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.

15.7 We will review your counter-notice when we receive it. If we have questions, we will email you asking for more information. Otherwise, if your counter-notice is complete and valid, we will forward the information that you provided to the person who filed the complaint. If they do not notify us within 10-14 business days that they have filed a lawsuit against you, we will take steps to restore the content that we removed or disabled.

15.8 False statements in your written counter-notice can lead to civil or criminal penalties.

15.9 Infringement Policy. We may, in our sole discretion, limit access to the Services and/or terminate the Accounts who we believe may infringe any intellectual property rights of others, whether or not there is any repeat infringement.

15.10 Repeat Infringer Policy. We also adopt a policy of terminating, in appropriate circumstances and in our sole discretion, users who are deemed to be repeat infringers of other’s copyrighted property.

16. WEBSITE INFORMATION

16.1 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 currency of any information on the Website.

16.2 Through your use of the Website, you may be exposed to content that you may find offensive, objectionable, harmful, inaccurate, or deceptive. By using our Website, you assume all associated risks.

17. SECURITY

17.1 The information that you provide to us is stored on a secured private server. While we take reasonable precautions to protect your personal information, no security system is impenetrable and we cannot guarantee the security of information that you provide to us via the Internet, through our Website, through online ordering, or in databases stored on our servers.

18. LINKS TO THIS WEBSITE

18.1 Running or displaying the Website or any information or material displayed on the Website in frames or through similar means on another site without our prior written permission is prohibited.

18.2 We grant you a nonexclusive right to display at your site any link that would permit any user to go from your site to our Website. You obtain no rights other than the right to link to our Website. Further, we do not guarantee, approve, or endorse the information or Products available on your site.

18.3 You agree to not use and display the links in such a manner that is misleading, defamatory, infringing, libelous, disparaging, obscene, or otherwise objectionable to us.

18.4 You agree to not use the links in any manner that is likely to reduce, diminish or damage the goodwill, value or reputation associated with us. You warrant that your site does not include any material, and does not contain links to sites displaying any material, which is harmful, pornographic, abusive, hateful, obscene threatening, defamatory, or which encourages illegal activity. Upon notice from us, you shall promptly remove the links.

18.5 If you wish to obtain written consent from us, please contact us.

19. THIRD PARTY LINKS

19.1 From time to time, the Website may contain links to sites that we and our affiliates do not own, operate nor control. All such links are provided solely for your convenience. If you use these links, you will leave the Website. Neither we nor any of our respective affiliates are responsible for any content, material or other information located on or accessible from any other site. Neither we nor any of our respective affiliates endorse, guarantee, or make any representations or warranties regarding any other site, or any content, materials or other information located or accessible from any other site, or the results that you may obtain from using any other site.

19.2 If you decide to access any other site linked to or from this Website, you do so entirely at your own risk. You agree to be aware when you leave the Website and to read the privacy statements of these sites. You will evaluate the security and trustworthiness of any site connected to or accessed through the Website before disclosing any personal information to them. We do not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure of personal information to those third-party sites.

20. INTELLECTUAL PROPERTY RIGHTS

20.1 We claim copyright and all other intellectual property rights to Our Content on the Website, including, but not limited to the words, information, graphics, designs, logos, trademarks, photographs, icons, drawings, and text. Our intellectual property is protected under copyright, trademark, and other intellectual property laws. As part of this Agreement, you agree to not reproduce, distribute, sell, publish, or broadcast any of Our Content without our prior written consent.

21. DISCLAIMERS

21.1 YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THE WEBSITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. NEITHER WE NOR ANY OF OUR AFFILIATES WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, MATERIALS OR SERVICES PROVIDED ON OR THROUGH THE WEBSITE. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THE WEBSITE MAY BE OUT OF DATE, AND NEITHER US, NOR ANY OF OUR AFFILIATES MAKE ANY COMMITMENT OR ASSUME ANY DUTY TO UPDATE SUCH INFORMATION, MATERIALS OR SERVICES. 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. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM THE WEBSITE OR THROUGH OUR SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

22. LIMITATIONS OF LIABILITY

22.1 We do not assume any responsibility, or will be liable, for any damages to, or any viruses that may infect your computer, telecommunication equipment, or other property caused by or arising from your access to, use of, or browsing the Website, or downloading of any information or materials from this Website. IN NO EVENT WILL WE, OR ANY OF OUR OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS OR ASSIGNS, NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THE WEBSITE, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE WEBSITE, ANY SITE LINKED TO THE WEBSITE, OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED ON ANY OR ALL SUCH SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE THAT WE SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY, AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.

22.2 IN THE EVENT OF ANY PROBLEM WITH THE WEBSITE OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE WEBSITE.

22.3 IN THE EVENT OF ANY PROBLEM WITH THE PRODUCTS OR SERVICES THAT YOU HAVE PURCHASED ON OR THROUGH THE WEBSITE, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS FROM THE MANUFACTURER OF SUCH PRODUCTS OR SUPPLIER OF SUCH SERVICES, IN ACCORDANCE WITH SUCH MANUFACTURER'S OR SUPPLIER'S WARRANTY, OR TO SEEK A RETURN AND REFUND FOR SUCH GOOD OR SERVICES IN ACCORDANCE WITH THE RETURNS AND REFUNDS POLICIES POSTED ON THE WEBSITE. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED THE GREATER OF (A) ONE HUNDRED U.S. DOLLARS ($100) OR (B) THE VALUE OF YOUR PURCHASE MADE ON THE WEBSITE OF THE PRODUCT OR SERVICE THAT CAUSED SUCH DAMAGE OR LOSS.

23. INDEMNITY

23.1 You agree to defend, indemnify and hold us and any of our affiliated company or individual harmless from any and all liabilities, costs, and expenses, including reasonable attorneys’ fees, related to or in connection with (a) your use of the Website or the internet or your placement or transmission of any message or information on this Website; (b) your violation of any term of this Agreement, including without limitation, your breach of any of your representations and warranties within this Agreement; (c) your violation of any third party right, including without limitation any right of privacy, publicity rights or Intellectual Property Rights; (d) your violation of any law, rule or regulation of USA or any other country; (e) any claim or damages that arise as a result of any User Content that you provide to us; or (f) any other party’s access and use of the Website with your unique username, password or other appropriate security code.

24. RELEASE

24.1 In the event that you have a dispute with one or more other visitors, users, customers, or clients of the Website, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

25. COMMUNICATIONS

25.1 We reserve the right to send you an electronic mail for the purpose of informing you of changes or additions to the Website or this Agreement.

25.2 Except as disclosed in our Privacy Policy, we will not monitor, edit, or disclose the contents of your email, unless required in the course of normal maintenance of the Website and its systems, or unless required to do so by law or in the good-faith belief that such action is necessary to: (a) comply with the law or comply with legal process served on us or the Website; (b) protect and defend our rights or property of, the Website, or the users of the Website; or (c) act in an emergency to protect the personal safety of our guests, the Website, or the public.

26. USER FEEDBACK

26.1 We welcome and encourage you to provide feedback, comments, and suggestions for improvements of the Website (“ Feedback”). You may submit Feedback by emailing us at [email protected]. You acknowledge and agree that if you submit any Feedback to us, you hereby grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sub-licensable (through several tiers) and transferable license under any and all intellectual property rights that you own or control in relation to the Feedback to use, reproduce, view, communicate to the public by any means, print, copy (whether onto hard disk or other media), edit, translate, perform and display (publicly or otherwise), distribute, redistribute, modify, adapt, make, sell, offer to sell, transmit, license, transfer, stream, broadcast, create derivative works from, and otherwise use and exploit the Feedback for any purpose.

27. MINIMUM AGE REQUIREMENTS

27.1 Our Website is not directed to children. Access to and use of our Website is only for those who are at least at the age of 18 years of age or otherwise capable of entering into and performing legal agreements. If you are younger than this, you may not register for or use our Website.

27.2 Any person who registers as a user or provides their personal information to our Website represents that they are at least at the age of 18 or otherwise capable of entering into and performing legal agreements. In agreeing with this Agreement, you represent and warrant that you are at least at the age of 18 or otherwise capable of entering into and performing legal agreements.

28. DISPUTE RESOLUTION, BINDING ARBITRATION, AND CLASS ACTION WAIVER

28.1 Agreement to Arbitrate. This Dispute Resolution, Binding Arbitration, and Class Action Waiver section is referred to in this Agreement as the “Arbitration Agreement”.

28.2 Prohibition of Class and Representative Actions and Non-Individualized Relief. YOU AND FITNESS SUPERSTORE INC. AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND FITNESS SUPERSTORE INC. AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S), EXCEPT THAT YOU MAY PURSUE A CLAIM FOR AND THE ARBITRATOR MAY AWARD PUBLIC INJUNCTIVE RELIEF UNDER APPLICABLE LAW TO THE EXTENT REQUIRED FOR THE ENFORCEABILITY OF THIS PROVISION.

28.3 Pre-Arbitration Dispute Resolution. Fitness Superstore Inc. is always interested in resolving disputes amicably and efficiently, and most user concerns can be resolved quickly and to the user’s satisfaction by emailing support at [email protected]. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to Fitness Superstore Inc. should be sent to 537 Stone Rd. STE F, Benicia, CA 94510 (“Notice Address”). The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If Fitness Superstore Inc. and you do not resolve the claim within sixty (60) calendar days after the Notice is received, you or Fitness Superstore Inc. may commence an arbitration proceeding.

28.4 Arbitration. You agree that any and all disputes or claims that have arisen or may arise between you and Fitness Superstore Inc., whether arising out of or relating to this Agreement (including any alleged breach thereof), the Website, and any aspect of the relationship or transactions between us, including the question of arbitrability, shall be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement. Further, this Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into this Arbitration Agreement, you and Fitness Superstore Inc. are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.

28.5 Arbitration Procedures. Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association’s (“AAA”) rules and procedures, including the AAA’s Consumer Arbitration Rules (collectively, the “AAA Rules”), as modified by this Arbitration Agreement. For information on the AAA, please visit its website, http://www.adr.org. Information about the AAA Rules and fees for consumer disputes can be found at the AAA’s consumer arbitration page, http://www.adr.org/consumer, as may be updated from time to time. If there is any inconsistency between any term of the AAA Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of this Agreement as a court would. All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under this Agreement and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.

28.6 During the arbitration, the amount of any settlement offer made by Fitness Superstore Inc. or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Fitness Superstore Inc. is entitled.

28.7 Costs of Arbitration. Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees”) will be governed by the AAA Rules, unless otherwise provided in this Arbitration Agreement. The parties understand that, in some instances, the costs of arbitration could exceed the costs of litigation and that the right to discovery may be more limited in arbitration than in court. In addition, if you demonstrate to the arbitrator that the costs of arbitration will be prohibitive as compared to the costs of litigation, Fitness Superstore Inc. will pay as much of the Arbitration Fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. Any payment of attorneys’ fees will be governed by the AAA Rules.

28.8 Confidentiality. All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.

28.9 Severability. If a court or the arbitrator decides that any term or provision of this Arbitration Agreement (other than Section 28.2 above) is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement shall be enforceable as so modified. If a court or the arbitrator decides that any of the provisions of Section 28.2 are invalid or unenforceable, then the entirety of this Arbitration Agreement shall be null and void, unless such provisions are deemed to be invalid or unenforceable solely with respect to claims for public injunctive relief. The remainder of this Agreement will continue to apply.

28.10 Future Changes to Arbitration Agreement. Notwithstanding any provision in this Agreement to the contrary, Fitness Superstore Inc. agrees that if it makes any future change to this Arbitration Agreement (other than a change to the Notice Address) while you are a user of the Website, you may reject any such change by sending Fitness Superstore Inc. written notice within thirty (30) calendar days of the change to the Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Arbitration Agreement as of the date you first accepted this Agreement (or accepted any subsequent changes to this Agreement).

28.11 Opt-Out. IF YOU ARE A NEW USER OF THE WEBSITE, YOU CAN CHOOSE TO REJECT THE ARBITRATION AGREEMENT PROVISION ("OPT-OUT") BY EMAILING US AN OPT-OUT NOTICE TO [email protected] ("OPT-OUT NOTICE") OR VIA U.S. MAIL TO: FITNESS SUPERSTORE INC., ATTN: ARBITRATION OPT-OUT, 537 Stone Rd. STE F, Benicia, CA 94510. THE OPT-OUT NOTICE MUST BE RECEIVED NO LATER THAN THIRTY (30) DAYS AFTER THE DATE YOU ACCEPT THESE TERMS AND CONDITIONS FOR THE FIRST TIME. IF YOU ARE NOT A NEW USER OF THE WEBSITE, YOU HAVE UNTIL THIRTY (30) DAYS AFTER THE POSTING OF THE NEW TERMS AND CONDITIONS TO SUBMIT AN ARBITRATION OPT-OUT NOTICE.

28.12 In order to opt-out, you must email your name, address (including street address, city, state, and zip code), and email address(es) associated with your Account(s) to which the opt-out applies, and the date you started using the Website to: [email protected]. This procedure is the only way you can opt out of the Arbitration Agreement. If you opt out of the Arbitration Agreement, all other parts of these Terms and Conditions and its Dispute Resolution, Binding Arbitration, and Class Action Waiver Section will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any previous, other, or future arbitration agreements that you may have with us.

29. UPDATES AND UPGRADES

29.1 We have the right to update and upgrade the Website from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system’s capabilities or for any other reason at our sole discretion which we may decide. Your continued access to or use of the Website constitutes your acceptance of any such change and/or amendment.

30. REVISIONS

30.1 This Agreement is subject to our revisions and changes from time to time. We will inform you of the revisions and changes through email and/or by posting a notice on the homepage of the Website, and an updated Effective Date at the top of this page. Your continued use of the Website after the revision and changes will mean that you agree, without qualification, to the revised Agreement.

30.2 Should you object to any such revisions to this Agreement or become dissatisfied with the Website in any way, your only recourse is to immediately terminate your membership or discontinue use of the Website. Otherwise, continuing to use, visit, access or use the Website after the Effective Date means that you agree to be bound by any and all revisions.

31. TERMINATION

31.1 We may terminate this Agreement:

31.1.1 for any or no reason during any free use of the Website;

31.1.2 if you breach any of the terms of this Agreement, and that breach is not remediable;

31.1.3 if you breach any of the terms of this Agreement and that breach is not remedied within 15 days of you receiving written notice of the breach.

31.2 We may also block your access to our Website in the event that:

31.2.1 you breach this Agreement;

31.2.2 we are unable to verify or authenticate any information you provide to us; or

31.2.3 we believe that your actions may cause financial loss or legal liability for you, our users or us.

31.3 You may terminate your use of the Website at any time.

31.4 If you terminate your Account, you shall be liable to pay all fees and charges that have accrued up until the termination takes place. You are personally liable for any orders placed or charges incurred through your Account prior to termination.

32. CONSEQUENCES OF TERMINATION OR EXPIRATION

32.1 Upon the termination or expiration of this Agreement:

32.1.1 All rights and licenses granted to you shall be terminated immediately.

32.1.2 You will immediately cease use of and/or access to your Account and the Website.

32.1.3 We will suspend or terminate your access to the Website.

32.1.4 We will suspend or terminate access to any or all of the data to the extent permitted by law.

32.2 The termination or expiry of this Agreement shall not affect any of our accrued rights and liabilities at any time up until the date of termination.

33. FORCE MAJEURE

33.1 We shall not be responsible for damages or for delays or failures in performance resulting from acts or occurrences beyond our reasonable control, including, without limitation: fire, lightning, explosion, power surge or failure, water, acts of God, war, revolution, civil commotion or acts of civil or military authorities or public enemies; epidemics, pandemics; any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; or labor unrest, including without limitation, strikes, slowdowns, picketing, or boycotts; inability to secure raw materials, transportation facilities, fuel or energy shortages, or acts or omissions of other common carriers.

34. TRADE SANCTIONS

34.1 By using or accessing the Website, you represent and warrant that you are not (a) located in any country that is subject to Office of Foreign Assets Control (“OFAC”)’s trade and economic sanctions, currently Cuba, Iran, North Korea, Syria, the Crimea, Donetsk (“DNR”), Luhansk (“LNR”), Kherson, and Zaporizhzhia regions of the Ukraine; or (b) an individual or entity included on any U.S. lists of prohibited parties including: the Treasury Department’s List of Specially Designated Nationals List (“ SDN List”) and Sectoral Sanctions List (“SSI List”); or (c) subject to sanctions by the United States, European Union, United Kingdom, United Nations, or any other applicable government or international body.

34.2 Additionally, you agree not to, directly or indirectly, use, access, or otherwise dispose of the Website in contradiction with these laws and regulations. Failure to comply with these laws and regulations may result in the suspension or termination of your Account.

35. STATEMENT FOR MODERN DAY SLAVERY

35.1 We confirm that neither we nor any entity that we own, or control is involved in Modern Slavery practices including servitude and forced or compulsory labor. We further confirm that Modern Slavery is not occurring in our business operations and activities and any entity that we own or control. We do not enter into business with any entity which, to the best of our knowledge, knowingly supports or is found to be involved in Modern Slavery practices.

36. COPYRIGHT NOTICE

36.1 All Website design, graphics, text selections, arrangements, and all software are of Copyright © 2024, Fitness Superstore Inc. or its licensors. ALL RIGHTS RESERVED.

37. NOTICE FOR CALIFORNIA USERS

37.1 If you are a California resident, in accordance with Cal. Civ. Code § 1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210.

38. GENERAL

38.1 Entire Agreement. This Agreement and the other agreements stipulated to be incorporated herein are the entire agreement between you and us and supersede any prior understandings or agreements (written or oral).

38.2 Counterparts. A printed version of this Agreement will be admissible in judicial and administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

38.3 Severability. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.

38.4 Assignment. You agree that this Agreement and all incorporated agreements may be automatically assigned by us at our sole discretion. You cannot assign this Agreement without our written consent.

38.5 Headings. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.

38.6 No Waiver. Our failure to act with respect to your or others’ breach does not waive our right to act with respect to subsequent or similar breaches.

38.7 Survival. Sections that are by their nature an intended to survive the termination or expiration of this Agreement, including but not limited to, TRADEMARKS/NO ENDORSEMENT, ADVERTISING RIGHTS, INTELLECTUAL PROPERTY RIGHTS, DISCLAIMERS, LIMITATIONS OF LIABILITY, INDEMNITY, RELEASE, COMMUNICATIONS, and DISPUTE RESOLUTION, ARBITRATION, AND CLASS ACTION WAIVER, shall so survive any termination or expiration of this Agreement.

39. JURISDICTION AND CHOICE OF LAW

39.1 Any claim relating to, and the use of, this Website and the materials contained herein is governed by the laws of the state of California, USA. You consent to the exclusive jurisdiction of the state and federal courts located in Benicia, California, USA.

40. CONTACT US

40.1 If you have any questions or comments, please contact us through FITNESS SUPERSTORE INC., 537 Stone Rd. STE F, Benicia, CA 94510, +1-925-215-2927, [email protected].