Terms
& Conditions
eFitStore.com, hereafter referred to as
“eFitStore”, maintains this site (the "eFitStore.com site") for your
personal entertainment, information, education and shopping convenience.
You are encouraged to use and enjoy the eFitStore site, and with your use
and purchase from the eFitStore site, you agree to these Terms of Service and
Legal Notices set forth below and the disclaimers and terms and conditions
stated on the eFitStore site.
You may only download material displayed on the eFitStore site for
non-commercial, personal use provided you also retain all copyright, trademark
and other proprietary notices contained in the material, do not modify or alter
the material and do not copy or post the material on any network computer or broadcast
the material in any media. It is strictly prohibited to modify, transmit,
distribute, reuse, repost, "frame" or use the content of the
eFitStore site including the text, images, audio and/or video for public or
commercial purposes without written permission from an authorized
representative of eFitStore. It is strictly prohibited to download the images
of the products for sale within this site. Tampering with the site,
misrepresenting the identity of a user, using buying agents or conducting
fraudulent activities on the site are prohibited.
LEGAL NOTICES
Disclaimers and Limitation of Liability
The eFitStore site is provided on an "AS IS," "as
available" basis. Neither eFitStore nor its affiliates, subsidiaries, or
designees nor each of their respective officers, directors, employees, agents,
third-party content providers, designers, contractors, distributors, merchants,
sponsors, licensors, distributors or the like (collectively,
"associates") warrant that use of the eFitStore site will be uninterrupted
or error-free. Neither eFitStore nor its associates warrant the accuracy,
integrity or completeness of the content provided on the eFitStore site or the
products or services offered for sale on the eFitStore site. Further, eFitStore
makes no representation that content provided on the eFitStore site is
applicable or appropriate for use in locations outside of the United States. No
oral advice or written information given by eFitStore, nor its associates,
shall create a warranty. You expressly agree that use of the eFitStore site is
at your sole risk.
Under no circumstances shall eFitStore or its associates be liable for any
direct, indirect, incidental, special or consequential damages that result from
the use of or inability to use the eFitStore site, including but not limited to
reliance by a user on any information obtained at the eFitStore site, or that
result from mistakes, omissions, interruptions, deletion of files or email,
errors, defects, viruses, delays in operation or transmission, or any failure
of performance, whether or not resulting from acts of God, communications
failure, theft, destruction or unauthorized access to eFitStore records,
programs or services. The foregoing Limitation of Liability shall apply whether
in an action of contract, negligence or other tortuous action, even if an
authorized representative of eFitStore has been advised of or should have
knowledge of the possibility of such damages. User hereby acknowledges that
this paragraph shall apply to all content, merchandise and services available
through the eFitStore site. Because some states do not allow the exclusion or
Limitation of Liability for consequential or incidental damages, in such states
liability is limited to the fullest extent permitted by law.
Errors on Our Site
Prices and availability are subject to change without notice. Errors will be
corrected where discovered, and eFitStore reserves the right to revoke any
stated offer and to correct any errors, inaccuracies, typographical errors or
omissions including after an order has been submitted and whether or not the
order has been confirmed and your credit card charged. If your credit card has
already been charged for the purchase and your order is cancelled, eFitStore
will issue a credit to your credit card account in the amount of the charge.
Individual bank policies will dictate when this amount is credited to your
account.
While eFitStore takes steps to ensure the accuracy and completeness of product
and third-party services provided, please refer to the originator of
information for details, for example the manufacturer for complete product
details.
Quantities May be Limited
eFitStore may, at its own discretion, limit or cancel quantities purchased per
person, per household or per order. These restrictions may include orders
placed by the same eFitStore account, credit card, and also orders which use
the same billing and/or shipping address. Notification will be sent to the
e-mail and/or billing address provided should such change occur. We reserve the
right to limit the quantities sold, including the right to limit or prohibit
sales to dealers.
Proprietary Rights
Content included on or comprising the eFitStore site, including information,
data, software, photographs, graphs, videos, typefaces, graphics, music, sounds
and other material (collectively "Content") are protected by
copyrights, trademarks, patent or other proprietary rights, and these rights
are valid and protected in all forms, media and technologies existing now or
hereinafter developed. All Content is copyrighted as a collective work under
the U.S. and international copyright laws, and eFitStore owns, to the fullest
extent allowed by such laws, the copyright in the selection, coordination,
arrangement, and enhancement of such Content. Except as expressly authorized or
licensed, you may not copy, modify, remove, delete, augment, add to, publish,
transmit, participate in the transfer or sale, lease or rental of, create
derivative works from or in any way exploit any of the Content, in whole or in
part.
The eFitStore logos and other trademarks on the site are the property of their
respective owners and are owned by, licensed to, or, where required, used with
permission by eFitStore and may not be reproduced, copied, or manipulated in
any manner without the express, written approval of the trademark owner.
eFitStore does not want to receive confidential, proprietary or trade secret
information through the eFitStore site (excluding information relating to any
order you submit). Please note that any information, materials, suggestions,
ideas or comments sent to the eFitStore site will be deemed non-confidential,
and, by submitting any such information, you are granting eFitStore an
irrevocable and unrestricted license to use, modify, reproduce, transmit, display
and distribute such materials, information, suggestions, ideas or comments for
any purpose whatsoever. However, we will not use your name in connection with
any such materials, information, suggestions, ideas or comments unless we first
obtain your permission or are otherwise required by law to do so.
Export
Certain software from the eFitStore site may be further subject to United
States Export Controls. No such software from this site may be downloaded or
exported contrary to any such laws, which may include prohibitions against
download or export 1) into (or to a national or resident of) Cuba, Iran, Iraq,
Libya, North Korea, Syria or any other country to which the United States has
embargoed goods; or 2) anyone on the United States Treasury Department's list
of Specially Designated Nationals or the U.S. Commerce Department's Table of
Deny Orders. By downloading or using software, you agree to abide by the laws,
rules and regulations — including, but not limited to the Export Administration
Act and the Arms Export Control Act — applicable to such download or use and
not to transfer, by electronic transmission or otherwise, any Content derived
from eFitStore to either a foreign national or a foreign destination in
violation of any such laws.
Applicable Law
The eFitStore site is created, operated and controlled by eFitStore in the
State of MO, United States of America. As such, the laws of the State of MO
will govern these Terms of Service without giving effect to any principles or
conflicts of laws. We reserve the right to make changes to the eFitStore site
and these Terms of Service at any time by updating this posting. By using the
eFitStore site, you agree to be bound by any such revisions and should
therefore periodically visit this page to determine the then current Terms of
Service to which you are bound.
eFitStore.com is an independent company.
The Web site address for the eFitStore.com site is:
http://www.eFitStore.com
References to eFitStore herein refer to eFitStore, eFitStore.com, eFitStore.com
or it or their affiliates, subsidiaries and designees as deemed appropriate by
eFitStore.
Links to Third-Party Web Sites:
The eFitStore site contains links to other sites. The links are meant to enable
access to publicly available information to those who are allowed to the
eFitStore site only. eFitStore makes no representations whatsoever about any
other Web site which you may access through the eFitStore site. When you leave
the eFitStore site, please understand that eFitStore has no control over the
content on third-party Web sites. In addition, a link to a non-eFitStore Web
site does not imply and does not constitute sponsorship, endorsement, approval
or responsibility for the content, or the use of such third-party Web sites.
eFitStore makes no representation or warranty as to any third-party products or
services. No rights to use or copy the information on this or the third-party
site are granted or implied.
These Terms of Service represent the entire agreement between you and eFitStore
regarding your relationship with eFitStore and supercede any prior statements
or representations. By using the eFitStore site YOU AGREE TO BE BOUND BY THE
TERMS OF SERVICE. If you are dissatisfied with the eFitStore site or any
content on the eFitStore.com site or with these Terms of Service, your sole and
exclusive remedy is to discontinue using the eFitStore site.
eFitStore.com reserves
the right to change its policies at anytime without notice