This website is operated by Fit-N-Wise. Throughout the
site, the terms “we”, “us” and “our” refer to Fit-N-Wise. Fit-N-Wise offers
this website, including all information, tools and services available from this
site to you, the user, conditioned upon your acceptance of all terms,
conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from
us, you engage in our “Service” and agree to be bound by the following terms
and conditions (“Terms of Service”, “Terms”), including those additional terms
and conditions and policies referenced herein and/or available by hyperlink.
These Terms of Service apply to all users of the site, including without
limitation users who are browsers, vendors, customers, merchants, and/ or contributors
Please read these Terms of Service carefully before
accessing or using our website. By accessing or using any part of the site, you
agree to be bound by these Terms of Service. If you do not agree to all the
terms and conditions of this agreement, then you may not access the website or
use any services. If these Terms of Service are considered an offer, acceptance
is expressly limited to these Terms of Service.
Any new features or tools which are added to the
current store shall also be subject to the Terms of Service. You can review the
most current version of the Terms of Service at any time on this page. We
reserve the right to update, change or replace any part of these Terms of
Service by posting updates and/or changes to our website. It is your
responsibility to check this page periodically for changes. Your continued use
of or access to the website following the posting of any changes constitutes
acceptance of those changes.
Our store is hosted on WellnessLiving Systems Inc.
They provide us with the online e-commerce platform that allows us to sell our
products and services to you.
1. Online store terms
By agreeing to these Terms of Service, you represent
that you are at least the age of majority in your state or province of
residence, or that you are the age of majority in your state or province of
residence and you have given us your consent to allow any of your minor
dependents to use this site.
You may not use our products for any illegal or
unauthorized purpose nor may you, in the use of the Service, violate any laws
in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code
of a destructive nature.
A breach or violation of any of the Terms will result
in an immediate termination of your Services.
2. General conditions
We reserve the right to refuse service to anyone for
any reason at any time.
You understand that your content (not including credit
card information), may be transferred unencrypted and involve (a) transmissions
over various networks; and (b) changes to conform and adapt to technical
requirements of connecting networks or devices. Credit card information is
always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell
or exploit any portion of the Service, use of the Service, or access to the
Service or any contact on the website through which the service is provided,
without express written permission by us.
The headings used in this agreement are included for
convenience only and will not limit or otherwise affect these Terms.
3. Accuracy, completeness and timeliness of information
We are not responsible if information made available
on this site is not accurate, complete or current. The material on this site is
provided for general information only and should not be relied upon or used as
the sole basis for making decisions without consulting primary, more accurate,
more complete or more timely sources of information. Any reliance on the
material on this site is at your own risk.
This site may contain certain historical information.
Historical information, necessarily, is not current and is provided for your
reference only. We reserve the right to modify the contents of this site at any
time, but we have no obligation to update any information on our site. You
agree that it is your responsibility to monitor changes to our site.
4. Modifications to the service and prices
Prices for our products are subject to change without
We reserve the right at any time to modify or
discontinue the Service (or any part or content thereof) without notice at any
We shall not be liable to you or to any third-party
for any modification, price change, suspension or discontinuance of the Service.
5. Products or services (if applicable)
Certain products or services may be available
exclusively online through the website. These products or services may have
limited quantities and are subject to return or exchange only according to our
We have made every effort to display as accurately as
possible the colors and images of our products that appear at the store. We
cannot guarantee that your computer monitor's display of any color will be
We reserve the right, but are not obligated, to limit
the sales of our products or Services to any person, geographic region or
jurisdiction. We may exercise this right on a case-by-case basis. We reserve
the right to limit the quantities of any products or services that we offer.
All descriptions of products or product pricing are subject to change at
anytime without notice, at the sole discretion of us. We reserve the right to
discontinue any product at any time. Any offer for any product or service made
on this site is void where prohibited.
We do not warrant that the quality of any products,
services, information, or other material purchased or obtained by you will meet
your expectations, or that any errors in the Service will be corrected.
6. Accuracy of billing and account information
We reserve the right to refuse any order you place
with us. We may, in our sole discretion, limit or cancel quantities purchased
per person, per household or per order. These restrictions may include orders
placed by or under the same customer account, the same credit card, and/or
orders that use the same billing and/or shipping address. In the event that we
make a change to or cancel an order, we may attempt to notify you by contacting
the e-mail and/or billing address/phone number provided at the time the order
was made. We reserve the right to limit or prohibit orders that, in our sole
judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate
purchase and account information for all purchases made at our store. You agree
to promptly update your account and other information, including your email
address and credit card numbers and expiration dates, so that we can complete
your transactions and contact you as needed.
7. Optional tools
We may provide you with access to third-party tools
over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to
such tools ”as is” and “as available” without any warranties, representations or
conditions of any kind and without any endorsement. We shall have no liability
whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the
site is entirely at your own risk and discretion and you should ensure that you
are familiar with and approve of the terms on which tools are provided by the
relevant third-party provider(s).
We may also, in the future, offer new services and/or
features through the website (including, the release of new tools and
resources). Such new features and/or services shall also be subject to these
Terms of Service.
8. Third-party links
Certain content, products and services available via
our Service may include materials from third-parties.
Third-party links on this site may direct you to
third-party websites that are not affiliated with us. We are not responsible
for examining or evaluating the content or accuracy and we do not warrant and
will not have any liability or responsibility for any third-party materials or
websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to
the purchase or use of goods, services, resources, content, or any other
transactions made in connection with any third-party websites. Please review
carefully the third-party's policies and practices and make sure you understand
them before you engage in any transaction. Complaints, claims, concerns, or
questions regarding third-party products should be directed to the third-party.
9. User comments, feedback and other submissions
If, at our request, you send certain specific
submissions (for example contest entries) or without a request from us you send
creative ideas, suggestions, proposals, plans, or other materials, whether
online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree
that we may, at any time, without restriction, edit, copy, publish, distribute,
translate and otherwise use in any medium any comments that you forward to us.
We are and shall be under no obligation (1) to maintain any comments in
confidence; (2) to pay compensation for any comments; or (3) to respond to any
We may, but have no obligation to, monitor, edit or
remove content that we determine in our sole discretion are unlawful,
offensive, threatening, libelous, defamatory, pornographic, obscene or
otherwise objectionable or violates any party’s intellectual property or these
Terms of Service.
You agree that your comments will not violate any
right of any third-party, including copyright, trademark, privacy, personality
or other personal or proprietary right. You further agree that your comments
will not contain libelous or otherwise unlawful, abusive or obscene material,
or contain any computer virus or other malware that could in any way affect the
operation of the Service or any related website. You may not use a false e-mail
address, pretend to be someone other than yourself, or otherwise mislead us or
third-parties as to the origin of any comments. You are solely responsible for
any comments you make and their accuracy. We take no responsibility and assume
no liability for any comments posted by you or any third-party.
10. Personal information
Your submission of personal information through the
11. Errors, inaccuracies and omissions
Occasionally there may be information on our site or
in the Service that contains typographical errors, inaccuracies or omissions
that may relate to product descriptions, pricing, promotions, offers, product
shipping charges, transit times and availability. We reserve the right to
correct any errors, inaccuracies or omissions, and to change or update
information or cancel orders if any information in the Service or on any
related website is inaccurate at any time without prior notice (including after
you have submitted your order).
We undertake no obligation to update, amend or clarify
information in the Service or on any related website, including without
limitation, pricing information, except as required by law. No specified update
or refresh date applied in the Service or on any related website, should be
taken to indicate that all information in the Service or on any related website
has been modified or updated.
12. Prohibited uses
In addition to other prohibitions as set forth in the
Terms of Service, you are prohibited from using the site or its content: (a)
for any unlawful purpose; (b) to solicit others to perform or participate in
any unlawful acts; (c) to violate any international, federal, provincial or
state regulations, rules, laws, or local ordinances; (d) to infringe upon or
violate our intellectual property rights or the intellectual property rights of
others; (e) to harass, abuse, insult, harm, defame, slander, disparage,
intimidate, or discriminate based on gender, sexual orientation, religion,
ethnicity, race, age, national origin, or disability; (f) to submit false or
misleading information; (g) to upload or transmit viruses or any other type of
malicious code that will or may be used in any way that will affect the
functionality or operation of the Service or of any related website, other
websites, or the Internet; (h) to collect or track the personal information of
others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for
any obscene or immoral purpose; or (k) to interfere with or circumvent the
security features of the Service or any related website, other websites, or the
Internet. We reserve the right to terminate your use of the Service or any
related website for violating any of the prohibited uses.
13. Disclaimer of warranties, limitation of liability
We do not guarantee, represent or warrant that your
use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be
obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the
service for indefinite periods of time or cancel the service at any time,
without notice to you.
You expressly agree that your use of, or inability to
use, the service is at your sole risk. The service and all products and
services delivered to you through the service are (except as expressly stated
by us) provided 'as is' and 'as available' for your use, without any
representation, warranties or conditions of any kind, either express or
implied, including all implied warranties or conditions of merchantability,
merchantable quality, fitness for a particular purpose, durability, title, and
In no case shall Fit-N-Wise, our directors, officers,
employees, affiliates, agents, contractors, interns, suppliers, service
providers or licensors be liable for any injury, loss, claim, or any direct,
indirect, incidental, punitive, special, or consequential damages of any kind,
including, without limitation lost profits, lost revenue, lost savings, loss of
data, replacement costs, or any similar damages, whether based in contract,
tort (including negligence), strict liability or otherwise, arising from your
use of any of the service or any products procured using the service, or for
any other claim related in any way to your use of the service or any product,
including, but not limited to, any errors or omissions in any content, or any
loss or damage of any kind incurred as a result of the use of the service or
any content (or product) posted, transmitted, or otherwise made available via
the service, even if advised of their possibility. Because some states or
jurisdictions do not allow the exclusion or the limitation of liability for
consequential or incidental damages, in such states or jurisdictions, our
liability shall be limited to the maximum extent permitted by law.
You agree to indemnify, defend and hold harmless
Fit-N-Wise and our parent, subsidiaries, affiliates, partners, officers,
directors, agents, contractors, licensors, service providers, subcontractors,
suppliers, interns and employees, harmless from any claim or demand, including
reasonable attorneys’ fees, made by any third-party due to or arising out of
your breach of these Terms of Service or the documents they incorporate by
reference, or your violation of any law or the rights of a third-party.
In the event that any provision of these Terms of
Service is determined to be unlawful, void or unenforceable, such provision
shall nonetheless be enforceable to the fullest extent permitted by applicable
law, and the unenforceable portion shall be deemed to be severed from these
Terms of Service, such determination shall not affect the validity and
enforceability of any other remaining provisions.
The obligations and liabilities of the parties
incurred prior to the termination date shall survive the termination of this
agreement for all purposes.
These Terms of Service are effective unless and until
terminated by either you or us. You may terminate these Terms of Service at any
time by notifying us that you no longer wish to use our Services, or when you
cease using our site.
If in our sole judgment you fail, or we suspect that
you have failed, to comply with any term or provision of these Terms of
Service, we also may terminate this agreement at any time without notice and
you will remain liable for all amounts due up to and including the date of termination;
and/or accordingly may deny you access to our Services (or any part thereof).
17. Entire agreement
The failure of us to exercise or enforce any right or
provision of these Terms of Service shall not constitute a waiver of such right
These Terms of Service and any policies or operating
rules posted by us on this site or in respect to The Service constitutes the
entire agreement and understanding between you and us and govern your use of
the Service, superseding any prior or contemporaneous agreements,
communications and proposals, whether oral or written, between you and us
(including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms
of Service shall not be construed against the drafting party.
18. Governing law
These Terms of Service and any separate agreements
whereby we provide you Services shall be governed by and construed in
accordance with the laws of 609 Medical Center Dr., # 200, Decatur, TX 76234,
19. Changes to term of service
You can review the most current version of the Terms
of Service at any time at this page.
We reserve the right, at our sole discretion, to
update, change or replace any part of these Terms of Service by posting updates
and changes to our website. It is your responsibility to check our website
periodically for changes. Your continued use of or access to our website or the
Service following the posting of any changes to these Terms of Service
constitutes acceptance of those changes.
20. Contact information
Questions about the Terms of Service should be sent to
us at email@example.com.