Terms of service

OVERVIEW

This website is operated by Fitversal. Throughout the site, the terms “we”, “us”, and “our” refer to Fitversal. Fitversal 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 of content.

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 added to the current store shall also be subject to these 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 Shopify Inc. Shopify provides us with the online e-commerce platform that allows us to sell our products and services to you.

SECTION 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, province, or jurisdiction of residence, or that you are the age of majority in your state, province, or jurisdiction 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 or Services 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, viruses, or other code of a destructive nature.

A breach or violation of any of the Terms may result in termination of your Services.

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any lawful 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 the technical requirements of connecting networks or devices. Credit card information is 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, access to the Service, or any contact on the website through which the Service is provided, without express written permission from us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 - ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is inaccurate, incomplete, or not current, except where otherwise required by applicable law.

The material on this site is provided for general information and should not be relied upon as the sole basis for making decisions without consulting primary, more accurate, complete, or timely sources of information.

This site may contain certain historical information. Historical information is not current and is provided for reference only.

We reserve the right to modify the contents of this site at any time, subject to applicable law.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service, or any part or content thereof, subject to applicable law.

We shall not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Service except where liability cannot lawfully be excluded.

SECTION 5 - PRODUCTS OR SERVICES

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 according to our current Returns & Exchanges Policy:

We have made reasonable efforts to display as accurately as possible the colors and images of our products that appear in the store. We cannot guarantee that the display of any color on your device will be completely accurate.

We reserve the right, but are not obligated, to limit sales of our products or Services to any person, geographic region, or jurisdiction where permitted by law. We may exercise this right on a case-by-case basis.

We reserve the right to limit quantities of products or services that we offer.

Product descriptions and pricing are subject to change at any time without notice, subject to applicable law.

We reserve the right to discontinue any product at any time. Any offer for a product or service made on this site is void where prohibited.

Except as otherwise required by applicable law, we do not warrant that products, services, information, or other materials purchased or obtained through the Service will meet every individual expectation.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse, limit, or cancel an order where reasonably necessary, including orders that appear to involve fraud, unauthorized activity, resale, abuse, pricing errors, or violations of these Terms.

These restrictions may include orders placed by or under the same customer account, credit card, billing address, or shipping address.

If we make a change to or cancel an order, we may attempt to notify you using the email address, billing address, or phone number provided at the time the order was placed.

You agree to provide current, complete, and accurate purchase and account information for purchases made through our store. You agree to promptly update your account and other information as needed so that we can complete transactions and contact you when necessary.

For more information about returns and refunds, please review our: Returns & Exchanges Policy

SECTION 7 - OPTIONAL TOOLS

We may provide you with access to third-party tools over which we do not monitor and have limited or no control.

You acknowledge and agree that access to such tools may be provided “as is” and “as available,” without warranties, representations, or conditions from Fitversal regarding those third-party tools, except where otherwise required by law.

Any use by you of optional third-party tools offered through the site is at your own discretion. You should review and understand the terms provided by the relevant third-party provider.

We may also offer new services and/or features through the website in the future. Such new features or Services shall also be subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS

Certain content, products, and services available through our Service may include materials from third parties.

Third-party links on this site may direct you to websites that are not affiliated with Fitversal. We are not responsible for examining or evaluating all third-party content or websites and do not control their privacy, security, availability, or business practices.

We are not responsible for damages arising solely from a third party’s independent acts or omissions, except where applicable law provides otherwise.

Please review third-party policies and practices carefully before engaging in transactions with them.

Questions, complaints, or claims regarding third-party products or services should generally be directed to the relevant third party.

SECTION 9 - USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS

If you submit comments, feedback, ideas, suggestions, proposals, contest entries, or other materials to us, whether online, by email, by postal mail, or otherwise, you grant us permission to use those submissions as reasonably necessary for our business purposes, subject to applicable law and our Privacy Policy.

We may, but have no obligation to, monitor, edit, or remove content that we determine to be unlawful, offensive, threatening, defamatory, obscene, infringing, or otherwise objectionable.

You agree that your comments will not violate any rights of any third party, including copyright, trademark, privacy, publicity, or other personal or proprietary rights.

You further agree that your comments will not contain unlawful, abusive, obscene, or malicious material, or malware that could affect the operation of the Service.

You may not use a false email address, impersonate another person, or otherwise mislead us or third parties regarding the origin of any comments.

You are responsible for the comments and submissions you make.

SECTION 10 - PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy

SECTION 11 - ERRORS, INACCURACIES, AND OMISSIONS

Occasionally there may be information on our site or within the Service containing typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times, availability, or other information.

We reserve the right to correct errors, inaccuracies, or omissions and to change or update information where appropriate.

Where permitted by applicable law, we may cancel or modify an order if material information relating to that order was inaccurate when the order was submitted.

Nothing in this section limits any rights provided to customers under applicable law.

SECTION 12 - PROHIBITED USES

In addition to other prohibitions stated in these 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 unlawful acts;

(d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others;

(e) to harass, abuse, threaten, defame, discriminate against, or otherwise harm another person;

(f) to submit false or misleading information;

(g) to upload or transmit viruses, malware, or other malicious code;

(h) to improperly collect or track personal information of others;

(i) to spam, phish, pharm, pretext, spider, crawl, scrape, or engage in other abusive automated activity;

(j) for obscene or unlawful purposes; or

(k) to interfere with or circumvent security features of the Service or related systems.

We reserve the right to terminate or restrict access to the Service for violations of these prohibited uses.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

To the fullest extent permitted by applicable law, we do not guarantee, represent, or warrant that your use of the Service will always be uninterrupted, timely, secure, or error-free.

We do not guarantee that all results obtained through use of the Service will always be accurate or reliable.

The Service and products and services delivered through the Service are provided subject to all rights and warranties that cannot legally be excluded.

To the fullest extent permitted by applicable law, Fitversal and its directors, officers, employees, affiliates, agents, contractors, suppliers, service providers, and licensors shall not be liable for indirect, incidental, punitive, special, or consequential damages arising from your use of the Service or products purchased through the Service.

Nothing in these Terms excludes or limits liability where such exclusion or limitation is prohibited by applicable law.

SECTION 14 - INDEMNIFICATION

To the extent permitted by applicable law, you agree to indemnify, defend, and hold harmless Fitversal and its affiliates, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, and employees from claims arising from your material breach of these Terms of Service, violation of applicable law, or infringement of the rights of a third party.

SECTION 15 - SEVERABILITY

If any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, that provision shall be enforceable to the fullest extent permitted by applicable law.

Any unenforceable portion shall be deemed severed from these Terms without affecting the validity and enforceability of the remaining provisions.

SECTION 16 - TERMINATION

The obligations and liabilities of the parties incurred before termination shall survive termination where appropriate.

These Terms of Service remain effective unless and until terminated by either you or us.

You may stop using the Service at any time.

If we reasonably determine that you have failed to comply with a material provision of these Terms, we may suspend or terminate your access to the Service, subject to applicable law.

SECTION 17 - ENTIRE AGREEMENT

Our failure to exercise or enforce any right or provision of these Terms of Service does not constitute a waiver of that right or provision.

These Terms of Service, together with policies and operating rules posted by us relating to the Service, constitute the agreement governing your use of the Service and supersede prior versions relating to the same subject matter.

Nothing in this section limits rights that cannot be waived under applicable law.

SECTION 18 - GOVERNING LAW

These Terms of Service and any separate agreements through which we provide Services shall be governed and interpreted in accordance with applicable laws of the United States, without limiting any mandatory rights available to consumers under the laws that apply to them.

SECTION 19 - CHANGES TO TERMS OF SERVICE

You can review the most current version of these Terms of Service at any time on this page.

We reserve the right to update, change, or replace portions of these Terms by posting updates and changes to our website, subject to applicable law.

Your continued use of or access to the website or Service after changes become effective constitutes acceptance of those changes where permitted by law.

SECTION 20 - CONTACT INFORMATION

Questions about these Terms of Service can be sent to:

Fitversal LLC
support@fitversal.com
Franklin Street
Concord, NH 03301
United States