Terms  &  Conditions

NOTE: THIS SITE IS LOCATED IN THE UNITED STATES OF AMERICA, AND U.S. LAWS WILL APPLY

ACCEPTANCE OF TERMS THROUGH USE

By using this site, you signify your agreement to all terms, conditions, and notices contained or referenced herein. If you do not agree to these Terms of Use ("Terms") please do not use this site. Fitdesire.com reserves the right to change these Terms, and your continued use of this Web site constitutes agreement to all such changes. Please check the Terms periodically for changes.

USES OF THIS WEB SITE

All right, title and interest in this Web site and any content contained herein is the exclusive property of Fitdesire.com, except as otherwise stated. This Web site is intended for personal, non-commercial use. Fitdesire.com grants you a limited license to access and make personal use of this site. You may print, copy and download any information or portion of this Web site for your personal use only.

This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; 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 without express written consent from Fitdesire.com.

You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, frame, create derivative works from, transfer, or otherwise use in any other way for commercial or public purposes in whole or in part any information, software, products or services obtained from this Web site, except for the purposes expressly provided herein, without Fitdesire.com's prior written approval.

You may not use any meta tags or any other "hidden text" utilizing Fitdesire.com's name or trademarks without the express written consent of Fitdesire.com. Any unauthorized use terminates the permission or license granted by Fitdesire.com. You are granted a limited, revocable, and nonexclusive right to create a hyperlink(s) to the home page(s) of the Sites so long as the link does not portray Fitdesire.com, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter.

Unauthorized use of this Web site , including, but not limited to, unauthorized entry into Fitdesire.com systems, misuse of passwords or misuse of any other information, is strictly prohibited. You may not use this Web site in any manner that could damage, disable, overburden, or impair any of Fitdesire.com’s service or interfere with any other party's use and enjoyment of any Fitdesire.com service.

You may not attempt to gain unauthorized access to any of Fitdesire.com services, computer systems or networks connected to any of Fitdesire.com Site or service, through hacking, password mining or any other means. You agree that you will not engage in any activities related to this Web site that are contrary to applicable laws or regulations.

Fitdesire.com reserves the right, in its sole discretion, without any obligation and without any notice requirement, to change, improve or correct the information, materials and descriptions on this Web site and to suspend and/or deny access to this Web site for scheduled or unscheduled maintenance, upgrades, improvements or corrections.

The information and materials on this Web site may contain typographical errors or inaccuracies. Any dated information is published as of its date only, and Fitdesire.com does not undertake any obligation or responsibility to update or amend any such information. Fitdesire.com may discontinue or change any product or service described in or offered on this Web site at any time.

DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY

The information, products and services on this Web site are provided on an "AS IS," and "AS AVAILABLE" basis. Fitdesire.com does not warrant the information or services provided herein or your use of this Web site generally, either expressly or impliedly, for any particular purpose and expressly disclaims any implied warranties, including but not limited to, warranties of title, non-infringement, merchantability or fitness for a particular purpose.

Fitdesire.com will not be responsible for any loss or damage that could result from interception by third parties of any information or services made available to you via this Web site. Although the information provided to you on this Web site is obtained or compiled from sources we believe to be reliable, Fitdesire.com cannot and does not guarantee the accuracy, validity, timeliness or completeness of any information or data made available to you for any particular purpose.

Neither Fitdesire.com, nor any of its affiliates, directors, officers or employees, nor any third party vendor, will be liable or have any responsibility of any kind for any loss or damage that you incur in the event of any failure or interruption of this Web site, or resulting from the act or omission of any other party involved in making this Web site, the data contained herein or the products or services offered on this Web site available to you, or from any other cause relating to your access to, inability to access, or use of the Web site or these materials, whether or not the circumstances giving rise to such cause may have been within the control of Fitdesire.com or of any vendor providing software or services.

In no event will Fitdesire.com or any such parties be liable to you, whether in contract or tort, for any direct, special, indirect, punitive, consequential or incidental damages, attorney fees, or any other damages of any kind even if Fitdesire.com or any other such party has been advised of the possibility thereof.

This limitation on liability includes, but is not limited to, the transmission of any viruses which may infect a user's equipment, failure of mechanical or electronic equipment or communication lines, telephone or other interconnect problems (e.g., you cannot access your internet service provider), unauthorized access, theft, operator errors, strikes or other labor problems or any force majeure. Fitdesire.com cannot and does not guarantee continuous, uninterrupted or secure access to the Web site.

COPYRIGHT

All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Fitdesire.com or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of Fitdesire.com and protected by U.S. and international copyright laws. All software used on this site is the property of Fitdesire.com or its software suppliers and protected by United States and international copyright laws.

The names of other companies and marks used on third-party products or services mentioned herein may be registered trademarks and service marks or trademarks and service marks of their respective companies and/or owners.

You are prohibited from using any marks for any purpose including, but not limited to use as meta tags on other pages or sites on the World Wide Web without the written permission of Fitdesire.com or such third party, which may own the marks.

If you copy or download any information or software from this Web site, you agree that you will not remove or obscure any copyright or other notices or legends contained in any such information.

LINKS

This Web site contains links to third party Web sites. These links are provided only as a convenience. The inclusion of any link is not and does not imply an affiliation, sponsorship, endorsement, approval, investigation, verification or monitoring by Fitdesire.com of any information contained in any third party Web site. In no event shall Fitdesire.com be responsible for the information contained on that site or your use of or inability to use such site. You should also be aware that the terms and conditions of such site and the site's privacy policy may be different from those applicable to your use of this Web site.

RISK OF LOSS

All items purchased from Fitdesire.com are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

TYPOGRAPHICAL ERRORS

In the event a product is listed at an incorrect price due to typographical error or error in pricing information received from our suppliers, we reserve the right to refuse or cancel any orders placed for product listed at the incorrect or erroneous price. Fitdesire.com shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card or PayPal account has already been charged for the purchase and your order is canceled, Fitdesire.com shall issue a credit to your account on file in the amount of the incorrect price within 2 – 3 business days. Please allow an additional 48 to 72 hours for the credit to post to your account.

PRODUCT DESCRIPTIONS

Fitdesire.com and its affiliates attempt to be as accurate as possible. However, Fitdesire.com does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by Fitdesire.com itself is not as described, your sole remedy is to return it in unused condition.

PRICING

Except where noted otherwise, the Price displayed for products on our website represents the full retail price listed on the product itself, suggested by the manufacturer or supplier, or estimated in accordance with standard industry practice. The Price is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day. For certain items that are offered as a set, the Price may represent "open-stock" prices, which means the aggregate of the manufacturer's estimated or suggested retail price for each of the items included in the set. Despite our best efforts, a small number of the items in our catalog may be mispriced. If we discover a mispricing, we will do one of the following:

 

  • If an item's correct price is lower than our stated price, we will charge the lower amount and ship you the item.
  • If an item's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.

TERMS OF PAYMENT

You may purchase certain products or services on the Site. In ordering product through the Site or otherwise, you agree to provide only true, accurate, current and complete information. You hereby certify that any email account you provide to Fitdesire.com is registered to you. You agree that your placement of an electronic order on the Site is sufficient to satisfy any applicable Statue of Frauds, and no further writing is required. Fitdesire.com shall have the right to bar your access to and use of the Site if it has reasonable grounds to believe that you have provided false, inaccurate, not current, or incomplete information.

At the time you place your order, you may have been offered and agreed to purchase the product or service at a price that is not consistent with other customers. Your cost (which includes applicable sales tax) is the amount you agreed to pay at the time of purchase.

To qualify for promotional discounts, you may be required to enter a coupon code prior to completing your order, and certain products or payment options may not be eligible. Rules and restrictions are disclosed at the time promotional offers are presented. By participating in the promotion, you are agreeing to the rules and restrictions associated with the promotion. For questions regarding promotional offers, including rules and restrictions, please contact Fitdesire.com at 1-800-934-3483.

Please note that this policy applies only to products sold and shipped by Fitdesire.com

LIMITATION OF LIABILITY

FITDESIRE.COM SHALL HAVE NO LIABILITY FOR ANY LOSS OR DAMAGE WHATSOEVER, INCLUDING BUT NOT LIMITED TO INCIDENTAL, PUNITIVE, CONSEQUENTIAL, ATTORNEY FEES, OR INDIRECT DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA AND THE LIKE) ARISING OUT OF THIS PRIVACY POLICY OR YOUR USE OF, OR INABILITY TO USE OR ACCESS THE SITE OR ANY CONTENT PROVIDED ON THE SITE OR DOWNLOADED FROM THE SITE, OR ANY DELAY IN USE OR ACCESS TO THE SITE OR CONTENT PROVIDED ON THE SITE OR ANY CLAIM ARISING FROM OR RELATING TO ERRORS, OMISSIONS OR INACCURACIES IN THE CONTENT PROVIDED ON THE SITE OR STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE, TO THE EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF FITDESIRE.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT WAIVING THE EXCLUSIVE GOVERNING LAW PROVISION SET FORTH HEREIN, SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THEREFORE THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, FITDESIRE.COM'S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

THE LIMITATION OF LIABILITY SET FORTH ABOVE SHALL APPLY TO EVERY FORM OF ACTION, WHETHER IN CONTRACT, WARRANTY, STRICT LIABILITY, NEGLIGENCE OR OTHER TORT, AND SHALL SURVIVE ANY BREACH OF THE TERMS OR ANY AGREEMENT, OR THE FAILURE OF THE ESSENTIAL PURPOSE OF THE TERMS OR AN AGREEMENT OR ANY EXCLUSIVE REMEDY.

IN NO EVENT SHALL Fitdesire.com LIABILITY EXCEED $50.00.

JURISDICTION

These Terms, as well as the Privacy Policy for this Site, and any dispute that may arise between you and Fitdesire.com, shall be governed by and construed in accordance with the laws of the State of Arizona, U.S.A., without regard to conflict of laws principles. You consent to the exclusive jurisdiction and venue in the courts of Maricopa County, Arizona, U.S.A. for any all disputes arising out of or relating to the Privacy Policy, Terms of Use and/or the Site.

Unless otherwise specified herein, these Terms and the Site's Privacy Policy constitute written agreements between you and Fitdesire.com with respect to this site and supersedes all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and Fitdesire.com with respect to this site. A printed version, and of any electronic notices pertaining to the same, shall be admissible in an judicial or administrative proceeding to the same extent, and subject to the same restrictions, as any other contract, document or record originally in printed form.

If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

If you choose to visit Fitdesire.com Site, your visit and any dispute over privacy is subject to these Terms and our Privacy Policy, including limitations on damages, arbitration of disputes, and application of the law of the state of Arizona. If you have any concern about privacy at Fitdesire.com, please contact us with a thorough description, and we will try to resolve it.

Fitdesire.com
Contact us at support@fitdesire.com

Terms of Use last modified on January 1, 2018