PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SITE. YOUR ACCESS AND/OR USE OF THE SITE CONFIRMS YOUR UNCONDITIONAL ACCEPTANCE OF THE FOLLOWING TERMS. IF YOU DO NOT FULLY ACCEPT THESE TERMS, DO NOT USE OR ACCESS THE SITE.
Revisions to these Terms
Finish Fit® may revise these Terms at any time and from time to time by updating this posting, and such revisions shall be effective immediately upon being posted to the Site, however, any changes to the dispute resolution provisions set forth below will not apply to any disputes for which the parties have actual notice prior to the date the change is posted on the Site. It is your responsibility to visit this page when using the Site to review the current Terms, as they are binding on you. Your continued use of the Site after any modifications indicates your acceptance of these Terms, as modified. The "Effective as of" date sets forth the date these Terms were last updated.
Certain provisions of these Terms may be superseded by expressly designated legal notices, rules or other terms located on particular pages of the Site (the "Additional Terms"), including contests, sweepstakes, promotions, or other similar features. Your use of such pages confirms your unconditional acceptance of the Additional Terms. If these Terms are inconsistent with such Additional Terms, such Additional Terms shall govern and apply to your use of that portion of the Site.
Use of the Site and License
The Site is a general purpose site and is not targeted towards children under the age of thirteen (13). By accessing or using the Site, including by registering an account on the Site, you represent and warrant that you are eighteen (18) years of age or older. If you are under the age of eighteen (18), you may use the Site only with the involvement of a parent or guardian. Subject to your compliance with these Terms, We grant you a personal, non-exclusive, non-transferrable, limited privilege to access and use the Site solely for your personal, non-commercial use. This privilege does not include any resale or commercial use of the Site. We may revoke your access and use of the Site at any time (including if you violate these Terms), and nothing herein constitutes a representation that the Site will be available to you for your access or use.
Billing & Termination
Finish Fit® Nutrition App – Finish Fit, Finish Fit® App - Mobile Boot Camp and Finish Fit® App - Mobile Personal Training, are monthly services and do not require a long-term contract or agreement. Subscriptions to these apps are billed to your credit card automatically each month. You can cancel at any time. When you request cancellation of your subscription, a 30 day notice to our billing processor is required. Therefore, one additional month will automatically be billed to your credit card. You can cancel your subscription by going to the My Account section after you login. You will then have access to the "Cancel" link.
IMPORTANT - READ CAREFULLY: By installing, activating OR exercising your rights to make and use Finish Fit (SOFTWARE), you agree to be bound by the terms and conditions of this license agreement. If you do not agree with the terms and conditions of this Agreement do not activate or access Finish Fit Software. For the limited warranty pertaining to your purchase, please refer to the warranty booklet, if any, included in this document.
GRANT OF LICENSE. This license agreement PREVENTS you from distributing any printable documents that are copyrighted under Finish Fit®, LLC .
- GRANT OF LICENSE. This license agreement PREVENTS you from distributing any printable documents that are copyrighted under Finish Fit®, LLC .
- UPGRADES. If the SOFTWARE is an upgrade from a previous version, you are granted a single license to both copies, and you may not separately transfer the prior version(s) except as a one-time permanent transfer to another user of the latest upgrade and all prior versions as allowed in Section 4 below.
- COPYRIGHT. The SOFTWARE, including any images, photographs, animations, video, audio, music and text incorporated in the SOFTWARE, is owned by Media Smak, LLC and PumpOne, LLC or their suppliers and is protected by United States copyright laws and international treaty provisions. You may not copy any of the printed materials accompanying the SOFTWARE.
- OTHER RESTRICTIONS. You may not rent or lease the SOFTWARE. You may not reverse engineer, decompile, or disassemble the SOFTWARE. The SOFTWARE license is not transferable.
- LIMITED WARRANTY. Finish Fit, LLC warrants that (a) the SOFTWARE will perform without defects when installed on a clean Windows or Apple operating system installation, in accordance with the accompanying written materials for a period of ninety (90) days from the date of receipt (date of purchase), and any hardware accompanying the SOFTWARE will be free from defects in materials and workmanship under normal use and service for a period of one (1) year from the date of receipt (date of purchase).
- CUSTOMER REMEDIES. Finish Fit, LLC and its suppliers entire liability and your exclusive remedy shall be, at Finish Fit®, LLC 's option, to repair or replace the SOFTWARE that does not meet Finish Fit®, LLC 's Limited Warranty. This warranty is void if failure of the SOFTWARE has resulted from accident, abuse, or misapplication. Any replacement SOFTWARE will be warranted for the remainder of the original warranty period or thirty days, whichever is longer.
Restrictions on Use of the Site
You agree that you will access and use the Site only in a lawful manner and only in accordance with these Terms. Additionally, you agree that you will not:
- Gain access, or attempt to gain access, to any portion of the Site, or any systems or networks connected to the Site, by hacking, password mining or any other illegitimate or unlawful means;
- Create or maintain any link from another site to any page on the Site without Finish Fit®’s prior written permission
- Run or display the Site (or any material on the Site) in frames or through similar means on another site, application or location, without Finish Fit®’s prior written permission;
- Modify the information or materials located on the Site in any way or reproduce or publicly display, perform, or distribute or otherwise use any such materials for any public, non-personal or commercial purpose;
- Use any deep-link, page-scrape, robot, spider, site search application or other automatic device, program or methodology, or any similar or equivalent manual process, to access, copy, retrieve, monitor, mirror, reproduce or index the Site, or any portion of the Site;
- Collect any data or information regarding users and/or devices, including usernames, personal information, preferences, email addresses or accounts;
- Create or transmit unsolicited electronic communications, such as spam, use any device, software or routine to interfere or attempt to interfere with the proper working of the Site, or otherwise interfere with users' enjoyment of the Site;
- Transmit or upload to the Site any item containing or embodying any virus, worm, defect, trojan horse, software bomb or other harmful or malicious code or feature that does or could interfere with, damage or degrade in any manner the performance or security of the Site or adversely affect a user;
- Take any action that imposes, in our sole discretion, an unreasonable or disproportionately large load on the Site or the IT infrastructure used to operate the Site;
- Submit to the Site any content that is unlawful or facilitates, constitutes, promotes or encourages illegal activity or otherwise use the Site to transfer or store illegal material;
- Scan or test the vulnerability of the Site or any network connected to the Site;
- Access or use the Site or any User Content (as defined below) in any manner which would violate any applicable local, state, federal or international law (including any laws regarding the export of data or software to and from the United States or other countries); or
- Attack the Site via a denial-of-service attack or a distributed denial-of-service attack.
You may be required to create an account to access or use certain areas of the Site. If you choose to create an account, you are responsible for maintaining the confidentiality of your account (including your username and password information), and also for restricting access to such information, your account and your device. You agree to accept responsibility for all activities that occur under your account or password. Additionally, you agree to notify Us immediately of any unauthorized access or use of your account or password, or any other breach of security.
We reserve the right, including if We become aware that you are under the age of eighteen (18), to terminate your account or registration, at any time. We do not sell products or services to children and do not permit children to have accounts. We sell products and services to adults, who can purchase items with a credit card or other payment method. If you are under the age of eighteen (18), you may not have an account and you may use the Site only with the involvement of a parent or guardian.
Content, Pricing and Accuracy
All features, content, availability, specifications, products and prices of products and services described or depicted on the Site are subject to change at any time without notice. The inclusion of any products or services on the Site at a particular time does not imply or warrant that these products or services will be available at any time. Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. We attempt to ensure that information on the Site is complete, accurate and up-to-date, including the applicable colors; however, the actual color you see depends on your device set-up, and We cannot guarantee that your device will accurately display such colors. Despite our efforts, the information on the Site 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 Site. For example, products or services included on the Site may be unavailable, may have different attributes than those listed, or may carry a different price than what is stated on the Site. In the event of a pricing error or discrepancy on the Site with respect to products or services, We reserve the right to cancel any orders (or partial orders) for such products or services.
By placing an order, you represent that the products or services ordered will be used only in a lawful manner and as intended by such manufacturer. The Site is not intended to subject Finish Fit® to the laws or jurisdiction of any state, country or territory other than that of the United States, and We do not represent or warrant that the Site or any part thereof is appropriate or available for use in any jurisdiction besides the United States. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and/or sale of any product or service purchased via the Site.
When an order is placed, it will be shipped to the address designated by the purchaser, as long as such shipping address is compliant with the shipping restrictions contained on the Site. All purchases from the Site are made pursuant to a shipment contract. As a result, risk of loss and title for products purchased from the Site pass to you upon delivery to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments.
Confirmation, Cancellation and Coupons
While it is our practice to confirm online orders via email, the receipt of an email order confirmation does not constitute our acceptance of an order nor our confirmation of an offer to sell a product or service. We reserve the right, without prior notice and at any time: (a) to limit the order quantity on any product or service and/or to refuse service or fulfillment of any order or to any customer; (b) to discontinue any product or service; (c) to bar any user from making or completing a transaction; and (d) to limit or impose conditions on the honoring of any coupon, coupon code, promotional code, or other similar promotion.
For clarification, orders may be limited or cancelled at any time including after receipt of a confirmation or shipping email. We also may require additional information and/or verification of information prior to the acceptance and/or shipment of any order.
JOINING FINISH FIT® REWARDS
There are two (2) ways to enroll in Finish Fit® Rewards and begin accumulating points:
- If you make a purchase at our online shop at: https://www.finishfitshop.com. Or if you purchase a card eGift at https://www.finishfitshop.com/products/gift-card.
- Purchases made at our online shop at: https://www.finishfitshop.com using a Finish Fit® Card eGift purchased at https://www.finishfitshop.com/products/gift-card. Please visit https://www.finishfitshop.com/pages/rewards-program and read about the program options. Follow the prompts to create an account at: https://www.finishfitshop.com/account/login and register at least one (1) Finish Fit® Gift Card eGift. The minimum balance required to activate a Finish Fit® Card eGift is Ten Dollars ($10.00).
The registration process may require that you provide the following information: username, password, email address (required in order to receive all eligible Rewards), physical address, telephone number, Finish Fit® Card eGift number, and card security code (CSC), birthday, name, and marketing preferences. All of your Finish Fit® Cards eGift can be activated and registered for use in Finish Fit® Rewards, but you may only have one (1) account that is personal to you. Previously earned Points may expire as described below.
The benefits that are available to you through Finish Fit® Rewards are based on the number of “Points" that you earn. You can earn Points by making purchases at our shop or by using any Finish Fit® Card eGift registered to your account to pay at https://www.finishfitshop.com. You will earn Points based on the value of your purchase at the rate of two (2) Points for each One Dollar ($1.00) you spend using at our online shop https://www.finishfitshop.com. 50 points are needed to redeem $1. Some exclusions apply. For example, you cannot earn Points on purchases on Finish Fit® Cards eGift that include activations, reloads, transfers, or any other card-to-card transaction. Taxes, tips, donations, and fees, including without limitation, shipping and handling fees, gift wrapping fees, delivery fees, and bag fees, may also be excluded and ineligible for Points accrual. Points may be earned and awarded in fractional amounts depending on the value of your purchase. If you have created an account at our online shop at https://www.finishfitshop.com any purchase made using your registered online Finish Fit® Shop account will earn Points as if the currency is in U.S. Dollars. No currency exchange is applied to the value of your purchase for the purpose of determining how many Points you have earned. For example, if the value of your purchase is One Canadian Dollar or One Pound (United Kingdom), you will earn two (2) Points. Generally, Points for qualifying purchases from the online shop at https://www.finishfitshop.com are typically added to your account within twenty-four (24) hours after your order ships. From time to time, we, or others acting with our permission, may offer you special promotions that offer you “Promotional Points." Promotional Points, such as “bonus" Points, will be awarded as described in the applicable promotional offer and will be subject to any additional terms set forth in the promotional offer.
If you return merchandise or packaged goods that you purchased from our online shop with your registered Finish Fit® Card eGift or by any other means (note: an original receipt or gift receipt is required), your funds will be returned to you on your credit card or Finish Fit® Card eGift, and Finish Fit® will deduct Points from your account at https://www.finishfitshop.com. If you use multiple forms of payment in one transaction, such as cash, credit card, or a Finish Fit® Card eGift, the your account will be awarded a prorated number of Points based on the eligible purchase amount that was applied to your purchase.
FINISH FIT® REWARDS LEVELS
Currently, there are two (2) levels of benefits within Finish Fit® Rewards that are determined by the number of Points that you accumulate in your account each year. By opening an account and registering at https://www.finishfitshop.com/account/login, you will be automatically enrolled in Finish Fit® Rewards at the Green Level. If you earn at least three hundred (300) Points within the twelve (12) month period following your enrollment date, you will qualify for the Gold Level. Once you reach a specific level within Finish Fit® Rewards, you will receive the benefits that are applicable to that level at that time. However, you must continue to earn and accumulate Points in order to maintain your benefit level. To maintain all benefits of the Green Level, you must earn at least one (1) new Point during each consecutive 12-month period following your enrollment date. If you do not earn at least one (1) new Point in each 12-month period, your Point balance will automatically reset to zero (0) and you may no longer be eligible to receive Finish Fit® Rewards benefits. If you do not earn at least three hundred (300) new Points in each consecutive 12-month period, your Points will expire and your Point balance will automatically reset to zero (0). To maintain the Gold Level, you must earn at least three hundred (300) new Points during each consecutive 12-month period following the date you reached the Gold Level. If you do not earn 300 new Points in 12 months, you will be placed at the Green Level of Finish Fit® Rewards and your Point balance will automatically reset to zero (0). If you have provided Finish Fit® with a current, valid email address, you will receive an email from Finish Fit® approximately twenty-four (24) hours after the coupon is loaded to your account indicating that your Reward is available to you. You can view and track your Point balance and available Rewards on https://www.finishfitshop.com/account/login. Finish Fit® reserves the right to change the number of benefit levels and to change the benefits and Rewards associated with each level in its sole discretion at any time.
GREEN LEVEL REWARDS
By registering at our online at https://www.finishfitshop.com and making a purchase, you are automatically entered into the “Green Level" of Finish Fit® Rewards. Rewards may include:
- In order to receive your points you must create an account at https://www.finishfitshop.com/account/login and provide a valid physical mailing address and phone number. You can update your address by logging into your account at https://www.finishfitshop.com/account/login. If you fail to maintain your Gold Level status, you may continue to use your ponts, but it will not convey any Gold Level benefits until you earn enough Points to reach the Gold Level again.
- Personalized offers and coupons. Special offers may be distributed by email, the Mobile Inbox on the Finish Fit® mobile app, or by physical mail. You must opt-in to receive promotional and marketing offers from Finish Fit® and may be required to provide a valid email, telephone and physical address in order to receive your special offers. Special offers may be customized based on purchase behaviors and preferences. Special offers may include periodic discounts on food, beverages, supplements, clothing, fitness products, and merchandise, or the opportunity to earn “bonus" Points. Special offers may have certain restrictions including expiration dates and short, time-limited redemption periods. Special offers are personal to you and cannot be shared, copied or transferred. Read each offer carefully for specific details, expiration dates, limitations and restrictions, and to learn when bonus Points will be awarded to your account.
GOLD LEVEL REWARDS
After you earn three hundred (300) Points in a 12-month period, you reach the “Gold Level" and your Points balance is reset to zero (0). Any Points, including fractional Points, earned after reaching the Gold Level expire six (6) months after the calendar month in which they earned. For example, if you earn Points on May 5, 2017, they will expire on December 1, 2017. Gold Level Rewards may include:
- Green Level Rewards.
- You may use a Finish Fit® Card eGift registered to your account. If you fail to maintain your Gold Level status, you may continue to use our online shop, but it will not convey any Gold Level benefits until you earn enough Points to reach the Gold Level again.
- If you have provided Finish Fit® with a current, valid email address, you will receive a reminder email from Finish Fit® approximately twenty-four (24) hours after earning your 300th additional Point indicating that your Reward is available to you. Remember to redeem your Reward at our online shop before your Points expire. The Points that you earn after reaching the Gold Level – including fractional Points - expire six (6) months after the calendar month in which they are earned. You can view and track your Points balance on https://www.finishfitshop.com/account/login.
- Double-Points Days. You are eligible for one (1) Double-Points Day once each calendar month beginning no later than five (5) weeks after you reach the Gold Level. Finish Fit® will notify you of your designated Double-Points Day each month which may vary from month to month and will be personalized and selected by Finish Fit® for you. You must opt-in to receive promotional and marketing offers from Finish Fit® and may be required to provide a valid email, telephone and physical address in order to receive notice of your designated day each month. On your designated Double-Points Day, the number of Points you earn using your registered Finish Fit® Shop account at https://www.finishfitshop.com/account/login will be multiplied by two (2). Finish Fit® reserves the right to exclude certain products and merchandise from Double-Points Day eligibility.
All text, graphics, information, images, content, video, data, music, code, software, trademarks, trade names, service marks, logos and other material displayed on, available via, or that can be downloaded from the Site, excluding User Content (collectively, the " FINISH FIT®’S IP"), are either the property of, or used with permission by, Finish Fit® or our service providers and licensors, and are protected by copyright, trade dress, trademark and other laws. Additionally, the design, arrangement, and collection of the FINISH FIT®’S IP on the Site, including the look and feel of the Site (the "Look and Feel"), is the exclusive property of Finish Fit® and protected by applicable copyright laws. We expressly reserve all intellectual property rights in all FINISH FIT®’S IP and the Look and Feel. Nothing contained on the Site grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any FINISH FIT®’S IP or the Look and Feel without the express written permission of Us or such third party owner.
User Content Posted by You
As a user of the Site, you may provide and/or post content, including reviews, comments, suggestions, profile information, photographs, videos, messages, communications and/or other materials (collectively, "User Content") and/or share it with other users. Subject to any licenses and rights expressly granted herein, any User Content posted by you, is owned by you.
User Content is and will be considered non-confidential and non-proprietary. We may, but are not obligated to, monitor or review any User Content. Finish Fit® will have no liability related to the content of any User Content, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. We shall have no obligations to use, return, review, remove, or respond to any User Content (unless required by law). We retain the right to remove any or all User Content for any or for no reason, including User Content that, in our sole discretion, violates these Terms and reserve the right to terminate your access.
Without limiting the foregoing, We have the right to fully cooperate with any law enforcement authorities or court order requesting or directing Us to disclose the identity or other information of users and/or devices using or accessing the Site. YOU WAIVE AND HOLD HARMLESS FINISH FIT® AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY ANY SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
You are solely responsible for any User Content you post, publish or display on the Site or transmit to others. You will post only User Content you believe in good faith to be true and accurate, and you will not post to the Site any User Content that is false, inaccurate, misleading or fraudulent. You are prohibited from posting or transmitting any content that:
- Is deceptive, misleading, fraudulent, unlawful, threatening, defamatory, libelous, obscene, pornographic or profane material;
- Promotes illegal activity, encourages conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violates any law;
- Violates the rights of a third party;
- Is offensive to users of the Site, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; or
- Harasses or advocates harassment of another person or entity.
By uploading User Content to the Site, you hereby grant, and represent and warrant that you have all rights and authority necessary to grant:
- Finish Fit® and our service providers an irrevocable, perpetual, non-exclusive, royalty-free, fully sub-licensable, fully paid-up, worldwide license and right to use, copy, revise, publicly perform, digitally perform, publicly display and distribute such User Content, and to prepare derivative works based on, or incorporate into other works, such User Content with or without attribution; and
- All users of the Site an irrevocable, perpetual, non-exclusive, royalty-free license and right to use such User Content for each such user's personal, non-commercial use, subject to the restrictions set forth in these Terms.
You understand and acknowledge that We may: (a) be working on the same or similar idea to any ideas, expression of ideas or other materials you submit within your User Content (each, an "Idea"); (b) already know of such Idea from other sources; and/or (c) wish to develop such Idea or a similar idea on our own.
User Content Posted by Others
You acknowledge and agree that We do not control the User Content posted to the Site, or any links to other sites, including the content of any messages or posts, and that We do not guarantee the accuracy, integrity or quality of User Content. All User Content, including advice and opinions posted by users, comprises the views and responsibilities of those who post such User Content and does not necessarily represent our views. We are not obligated to review or remove User Content and you understand that, by using the Site, you may be exposed to User Content that is offensive, indecent or objectionable.
Third Party Links
From time to time, the Site may contain links to and/or functionality interacting with third party sites that are not owned, operated or controlled by Finish Fit®. All such links and/or functionality are provided solely as a convenience and do not constitute an endorsement by Finish Fit®. If you use these links, you will leave the Site. We are not responsible for any content, materials or other information located on or accessible from any other site. We do not endorse, guarantee, or make any representations or warranties regarding any other site; any content, materials or other information located or accessible from such sites; or any results that you may obtain from using such sites. We also do not guarantee that links and/or functionality provided by third parties will be available or error-free, uninterrupted, free from viruses and/or unauthorized access, or otherwise meet your requirements.
IF YOU DECIDE TO ACCESS ANY OTHER SITE LINKED TO OR FROM THE SITE, YOU DO SO ENTIRELY AT YOUR OWN RISK.
We do not and cannot warrant that the Site (including any element of the Site) or its servers will be error-free, uninterrupted, free from viruses and/or unauthorized access, or otherwise meet your requirements.
YOUR USE OF THE SITE (INCLUDING ANY ELEMENT OF THE SITE) AND OF ANY USER CONTENT, IS AT YOUR OWN RISK. THE INFORMATION, MATERIALS, PRODUCTS AND SERVICES PROVIDED ON OR IN CONNECTION WITH THE SITE ARE PROVIDED "AS IS", "AS AVAILABLE", AND WITHOUT ANY WARRANTIES OF ANY KIND, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. NEITHER FINISH FIT®, NOR ANY OF ITS AFFILIATES, SERVICE PROVIDERS OR SUPPLIERS, WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, MATERIALS, PRODUCTS OR SERVICES PROVIDED ON OR THROUGH THE SITE. THE INFORMATION, MATERIALS, PRODUCTS AND SERVICES PROVIDED ON OR THROUGH THE SITE MAY BE OUT-OF-DATE, AND NEITHER FINISH FIT® NOR ANY OF ITS AFFILIATES, SERVICE PROVIDERS OR SUPPLIERS MAKE ANY COMMITMENT OR ASSUME ANY DUTY TO UPDATE SUCH INFORMATION, MATERIALS OR SERVICES. ALL PRODUCTS AND SERVICES PURCHASED ON OR THROUGH THE SITE ARE SUBJECT TO ONLY THE APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURERS, DISTRIBUTORS AND SUPPLIERS, IF ANY, AND TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, FINISH FIT® HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCTS AND SERVICES LISTED OR PURCHASED ON OR THROUGH THE SITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, FINISH FIT® HEREBY EXPRESSLY DISCLAIMS ALL LIABILITY FOR PRODUCT OR SERVICE DEFECTS OR FAILURES, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION (INCLUDING UNAUTHORIZED ACCESS OR MISAPPROPRIATION OF YOUR PERSONAL INFORMATION). WE MAKE NO WARRANTIES TO THOSE DEFINED AS "CONSUMERS" IN THE MAGNUSON-MOSS WARRANTY-FEDERAL TRADE COMMISSION IMPROVEMENTS ACT.
We do not represent or warrant that the health, nutrition, ingredient, allergen or other product information on the Site is accurate or complete since this information is provided by the product manufacturer or supplier. We recommend that you do not rely solely on the information presented on our Site and that you consult each product's label or contact the manufacturer directly if you have a specific question or dietary concern.
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.
Limitations of Liability
Except where prohibited by law, We do not assume any responsibility, and shall not be liable for any damages to, or viruses or other harmful or malicious code that may infect or affect, your computer, device, telecommunication equipment, or other property caused by or arising from your access to, use of, or browsing of the Site, linking to a third party site, or your downloading of any materials or information from the Site and will not be liable for any loss or damage arising from the unlawful, malicious, negligent or wrongful conduct of third parties.
THE FOLLOWING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS. IN NO EVENT WILL FINISH FIT® OR ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS, ASSIGNS, PARTNERS, VENDORS NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THE SITE (OR ANY PART OF THE SITE) BE LIABLE TO ANY PARTY FOR ANY INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, ACCESS, OR THE RESULTS OF USE OF THE SITE, ANY SITES LINKED TO THE SITE, OR THE INFORMATION, MATERIALS OR SERVICES CONTAINED IN ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING OUR NEGLIGENCE) OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN THE EVENT OF ANY PROBLEM WITH THE SITE, OR ANY MATERIAL OR CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE SITE. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN YOU AND FINISH FIT®. IN THE EVENT OF ANY PROBLEM WITH THE PRODUCTS OR SERVICES THAT YOU HAVE PURCHASED ON OR THROUGH THE SITE, 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 PRODUCT OR SERVICE IN ACCORDANCE WITH THE RETURNS AND REFUNDS POLICIES POSTED ON THE SITE.
You agree to defend, indemnify and hold H and its respective affiliates, licensors, directors, officers, employees, agents and representatives, harmless from and against any losses, costs, expenses or damages of any nature whatsoever, including attorneys' fees and court costs, arising from any claim, cause of action, suit or demand of any third party due to, arising out of or relating to your breach of these Terms.
Not all testimonials contained in or made available through the Sites have been prepared by us (including, but not limited to, information contained on message boards, in forums, text files, chats, etc.). As a result, we have not checked to determine whether or not a specific endorser's experience is what an average or typical consumer may expect to achieve. Not all consumers may achieve the same results.
If you believe any User Content or any other aspect of the Site infringes your copyright, you should send written notice of the alleged copyright infringement to our designated copyright agent at this address:
A. Ghazarians, Finish Fit®, LLC DMCA Agent
PHONE: CALL TOLL FREE
Such notice must meet the requirements of the Digital Millennium Copyright Act by providing the following information:
- A description of the copyrighted work that you claim has been infringed;
- A description of where the allegedly infringing material is located on the Site;
- Your name, address, telephone number and email address;
- 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;
- A statement by you, made under penalty of perjury, affirming that the above information in your notice is accurate, and that you are the owner of the copyright at issue or are authorized to act on the copyright owner's behalf; and
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright at issue.
If you believe that your User Content was removed or disabled but is not infringing; or that you have the authorization from the copyright owner, the copyright owner's agent or pursuant to the law, to post and use the content in your User Content; you may send a counter-notice to the Copyright Agent containing the following information:
- Your physical or electronic signature;
- Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
- A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
- Your name, address, telephone number and email address, a statement that you consent to the jurisdiction of the federal court in Glendale, CA, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received, Finish Fit® may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in ten (10) business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in ten (10) to fourteen (14) business days or more after receipt of the counter-notice, at Finish Fit®’s sole discretion.
Disputes, Choice of Law, and Jurisdiction
- Initial Dispute Resolution. We are available by email at email@example.com to address any concerns you may have regarding your use of the Sites. Most concerns may be quickly resolved in this manner. The parties shall use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations, which shall be a precondition to either party initiating a lawsuit or arbitration. Any matter and/or dispute relating in any way to your visit to or interaction with a Site, including compliance with these Terms, which is not so resolved shall be submitted to binding confidential arbitration as provided in section named "Arbitration" (herein).
- Choice of Law and Courts for Non-Arbitrated Disputes.Unless expressly addressed in the Additional Terms, these Terms supersede any other agreement between you and Finish Fit®’s to the extent necessary to resolve any inconsistency or ambiguity between them. The Sites are administered by Finish Fit®’s from its offices in California. Notwithstanding the arbitration provisions in Section named "Arbitration" to the extent you have in any manner violated or threatened to violate our intellectual property rights, We may seek injunctive or other appropriate relief in the state courts of the Glendale, CA or the United States Los Angeles District in the State of California, and you consent to exclusive personal jurisdiction and venue in such courts.
Arbitration under these Terms shall be conducted under the prevailing rules of the American Arbitration Association in the United States, Los Angeles, California. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. In the event, for any reason, arbitration is not permitted by applicable law, the parties waive all rights to trial by jury and waive all right to commence or participate in any class action, consolidated, representative or class proceedings.
Unless expressly addressed in the Additional Terms, these Terms supersede any other agreement between you and Finish Fit® to the extent necessary to resolve any inconsistency or ambiguity between them. The Site is administered by Finish Fit® from its offices in California. These Terms will be governed by and construed in accordance with the laws of the California, without giving effect to any principles of conflicts of laws. Any matter and/or dispute relating in any way to your visit to or interaction with the Site, including compliance with these Terms, shall be submitted to binding confidential arbitration in the United States, Los Angeles, California as provided in Section "Arbitration" (herein). Notwithstanding the foregoing, to the extent you have in any manner violated or threatened to violate our intellectual property rights, We may seek injunctive or other appropriate relief in the state courts of Los Angeles, California in the United, and you consent to exclusive personal jurisdiction and venue in such courts.
- Arbitration Filing Fees. All other costs of the arbitration will be borne equlay by each party including any remaining American Arbitration Association Fee and all professional fees for the arbitrator's services. You will be responsible for your own attorney fees and expenses unless the arbitration rules or applicable law permit you to recover your attorney’s fees. We will require you to reimburse our fees and costs if you do not prevail. If we are the claiming party initiating an arbitration against you, we will pay all costs associated with the arbitration (other than your attorneys’ fees and expenses unless permitted to be recovered under the arbitration rules or applicable law).
- Waiver of Certain Rights from Court. The parties understand that, absent this mandatory provision, they would have the right to sue in court. Court proceedings generally provide greater discovery rights, a judge or jury trial, and could provide greater opportunity for appellate review. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation.
- Class Action Waiver. The parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis.
- Reciprocally Binding. This arbitration agreement is reciprocally binding on all parties such that both you and We are required to arbitrate claims;
- Remedies. Remedies that would otherwise be available to the parties under applicable federal, state or local laws, including the recovery of attorney’s fees, remain available under this arbitration clause;
- Arbitrator. The arbitrator must be neutral and the parties will each have a reasonable opportunity to participate in the process of choosing the arbitrator;
- Your Rights. You have the right to the use of counsel of your choosing at your own expense if you so elect, and to recover attorneys’ fees and expenses of arbitration to the extent provided by law;
- Exchange of Non-privileged Information. The parties are permitted the discovery or exchange of non-privileged information relevant to the dispute in accordance with American Arbitration Association procedures located in the United States, in Los Angeles, California; and
- Arbitrator's Award. The arbitrator's award will consist of a written statement stating the disposition of each claim. The award will also provide a concise written statement of the essential findings and conclusions on which the award is based.
YOU AGREE THAT BY ENTERING INTO THESE TERMS, IN PARTICULAR THE AGREEMENT TO ARBITRATE, YOU ARE WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION AND THAT YOU MAY BRING CLAIMS AGAINST DICK’S ONLY IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. ANY ARBITRATION OR OTHER ACTION WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED. YOU ACKNOWLEDGE THAT BY ENTERING INTO THESE TERMS, YOU INTEND TO BE LEGALLY BOUND AND, IN ADDITION TO OTHER GOOD AND VALUABLE CONSIDERATION, YOU AGREE THAT FINISH FIT®’S AGREEMENT TO ARBITRATE CLAIMS CONSTITUTES CONSIDERATION FOR SUCH WAIVER. THE CLASS ACTION WAIVER IS AN ESSENTIAL ELEMENT OF THIS AGREEMENT TO ARBITRATE AND CAN NOT BE SEVERED FROM THIS AGREEMENT TO ARBITRATE DISPUTES.
Dispute Resolution Regarding the Terms of This Site
ANY DISPUTE RESOLUTION PROCEEDINGS RELATING TO THESE TERMS OR THE SITE WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS, CONSOLIDATED, JOINED OR REPRESENTATIVE ACTION AND THE PARTIES EXPRESSLY WAIVE ALL RIGHTS TO COMMENCE OR PARTICIPATE IN ANY CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION/PROCEEDING. YOU AGREE THAT FINISH FIT®’S AGREEMENT TO ARBITRATE CLAIMS CONSTITUTES CONSIDERATION FOR SUCH WAIVER.
- Notwithstanding Finish Fit®’s right to modify these Terms, Finish Fit® agrees that any such modification to the dispute and/or arbitration requirements in this Paragraph on Disputes, Choice of Law, and Jurisdiction and Arbitration shall not apply to claims arising prior to the date of such modification.
A printed version of these Terms shall be admissible in judicial and administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
You or Finish Fit® may suspend or terminate your account or your use/access of the Site at any time, for any reason or for no reason. You are personally liable for any activity prior to such termination, including any orders that you place or charges that you incur prior to termination. Finish Fit® reserves the right to change, suspend, or discontinue all or any aspect of the Site at any time without notice.
If you do not understand any of the foregoing Terms or if you have any questions or comments, We invite you to call our Customer Service Department at 1-855-348-5463 ...EXT. 5