Terms and Conditions
These General Terms and Conditions of Use (“Terms”) are entered into by and between you and FitFizz™, fitfizzstudio.com and the FitFizz shop on Etsy.com. In consideration of your use of and access to the brand and its websites and the promises and obligations herein, and intending to be legally bound, you and FitFizz brands hereby agree that your access to and use of the entities listed above is subject to these Terms, as well as any modifications issued by FitFizz to these Terms, and all applicable laws and regulations. BY USING THIS WEBSITE, YOU AGREE TO AND WILL BE DEEMED TO BE BOUND BY THESE TERMS. FitFizz provides information concerning various products and services and the opportunity to obtain additional information concerning those products and services or to purchase them. These Terms and the information provided by FitFizz in no way override the terms and conditions of your purchase of any product or service except as specifically provided herein. To the extent any area within the FitFizz website contains specific terms and conditions concerning its use (“Specific Terms”), those Specific Terms are in addition to these Terms. To the extent there is a direct conflict between these Terms and the Specific Terms, the Specific Terms shall prevail.
Information provided on the Site and related to our service of online courses (the “Service”) is subject to change. FitFizz makes no representation or warranty that the information provided is accurate. In order to use the Site and Service, you may be required to provide information about yourself including your name, email address, and other personal information. You agree that any registration information you give to FitFizz will always be accurate, correct and up to date. You will only be allowed to provide your own personal information and not the information of others. You may use the Site and Service for lawful purposes only. You will not post on the Site anything that is false, defamatory, misrepresenting, or would interfere with or restrict any other user from using the Site. This includes, but is not limited to, posting anything unlawful, obscene, libelous, indecent, invasive of privacy, or anything that would cause the potential for civil liability or criminal charges. Failure to comply with the terms and conditions listed here may cause you to be removed from the Site.
CHANGES IN TERMS
FitFizz has the right at any time and without prior notice, at its sole discretion, to revise these Terms or to impose new terms and conditions with respect to access to or use of the FitFizz website(s). Such revisions and additions shall be effective immediately upon notice thereof, which may be given by any means, including but not limited to posting the revised or additional terms and conditions on the FitFizz website(s). You are responsible for reviewing the Terms periodically for any modification that may affect your rights or obligations hereunder. You agree that you shall be deemed to be apprised of and bound by any modification by FitFizz to these Terms. ANY ACCESS OR USE OF THIS WEBSITE BY YOU AFTER NOTICE OF REVISIONS OR ADDITIONS TO THESE TERMS SHALL CONSTITUTE AND BE DEEMED TO BE YOUR ACCEPTANCE OF SUCH REVISIONS OR ADDITIONS. No modification to these Terms by any party other than FitFizz or by owner, Kelly Wilson, shall be valid or enforceable against FitFizz as a brand, product or website unless expressly agreed to by FitFizz in writing signed by a duly authorized officer.
FitFizz reserves the right to immediately terminate this agreement and/or your access to and use of the FitFizz website or any portion thereof, at any time and for any reason, with or without cause. FitFizz shall have no liability for termination of this agreement. Upon termination of this agreement, your right to use the fitfizzstudio.com or etsy.com/shop/fitfizz or any portion of the brand’s sites including social media shall immediately cease.
COMPLIANCE WITH LAWS
You agree to comply with all applicable laws, statutes, ordinances, and regulations regarding your use of the FitFizz website and your purchase of items from FitFizz.
All design and content featured on the FitFizz website, including the text, images, photographs, graphics, logos, illustrations, descriptions, data, and other material, as well as the selection, assembly and arrangement thereof, are referred to collectively as the “Content”, and are copyrights, trademarks, service marks, trade dress, and/or intellectual property that are owned, controlled, or licensed by FitFizz and Kelly Wilson. This website in its entirety is protected by copyright and applicable trade dress. The Content may contain errors, omissions, or typographical errors or may be out of date. FitFizz may change, delete, or update any Content at any time and without prior notice. The Content is provided for informational purposes only and is not binding on FitFizz in any way except to the extent it is specifically indicated to be so. You may view and use the Content only for your personal, non-commercial use, and for shopping and ordering on the FitFizz website(s), and for no other purpose, and you shall retain intact all copyright and other proprietary notices. Except as provided in the foregoing, FitFizz does not grant to you or any person any right to use, reproduce, copy, modify, transmit, display, publish, sell, license, create derivative works, publicly perform, or distribute by any means, method, or process whatsoever, now known or hereafter developed, any of the Content on or transmitted through the FitFizz website, including without limitation by transferring, downloading or otherwise copying any Content onto any disk drive or other storage medium. Any use of the Content, except as specifically permitted in these Terms, or as otherwise expressly permitted in the Content or in writing signed by FitFizz, is strictly prohibited.
LINKED THIRD PARTY SITES
Links to other Internet websites operated by third parties, including FitFizz vendors, do not constitute sponsorship, endorsement, or approval by FitFizz of the content, policies, or practices of such linked sites. Linked sites are not operated, controlled, or maintained by FitFizz, and FitFizz is not responsible for the availability, content, security, policies, or practices of linked sites, including without limitation privacy policies and practices. Links to other sites are provided for your convenience only, and you access them at your own risk.
PRICES and ORDERS
All prices displayed on the FitFizz website(s) are quoted in U.S. dollars (USD). FitFizz may restrict delivery to addresses. FitFizz will add shipping and handling fees and applicable sales/use tax as necessary. FitFizz reserves the right without prior notice to discontinue or change specifications and prices on products and services offered on the FitFizz website(s) without incurring any obligation to you. Products displayed on the FitFizz website are available while supplies last. No notice is required if certain items are no longer available. The receipt by you of an order confirmation does not constitute FitFizz’s acceptance of an order. Prior to FitFizz’s acceptance of an order, verification of information may be required. FitFizz reserves the right at any time after receipt of your order to accept or decline your order, or any portion thereof, even after your receipt of an order confirmation from FitFizz, for any reason. FitFizz reserves the right to limit the order quantity on any item and to refuse service to any customer without prior notification. In the event that a product or service is listed at an incorrect price due to supplier pricing information or typographical error, FitFizz shall have the right to refuse or cancel orders placed for the product listed at the incorrect price, regardless of whether 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 canceled, FitFizz shall promptly issue a credit to your credit card account in the amount of the incorrect price.
FitFizz makes no warranties or representations whatsoever with respect to the FitFizz website or any linked site or its content, including the content, information, and materials on it or the accuracy, completeness, or timeliness of the content, information and materials. FitFizz also does not warrant or represent that your access to or use of the FitFizz website or any linked site will be uninterrupted or free of errors or omissions, that defects will be corrected, or that FitFizz or any linked site is free of computer viruses or other harmful components. Without limiting the foregoing, all content and materials on this site are provided to users “as is,” with no warranty of any kind, either express or implied, to the fullest extent permissible pursuant to applicable law, including but not limited to implied warranties of merchantability and fitness for a particular purpose, title, non-infringement, security, accuracy, course of dealing, course of performance or usage of trade. the “as is” condition of content is expressly made a condition of any transaction arising through or as a result of the FitFizz website. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.
LIMITATION OF LIABILITY
Under no circumstances shall FitFizz, its subsidiaries and affiliates, or their respective directors, officers, employees or agents, its suppliers or their respective directors, officers, employees or agents be liable to you or to any third party for any indirect, consequential, incidental, special, or punitive damages, including but not limited to lost profits and business interruption, whether in contract or in tort, including negligence, arising in any way from any product or service sold or provided on the FitFizz website, even if FitFizz is expressly advised of the possibility of such damages. in no event shall FitFizz’s liability exceed the price you paid for the product or service that is the subject of the claim.
You agree to defend, indemnify, and hold harmless FitFizz, its subsidiaries and affiliates, FitFizz’s vendors, and each of their affiliates and related entities and their respective directors, officers, employees, and agents from and against all claims, losses, damages, liabilities, and costs (including but not limited to reasonable attorneys’ fees and court costs), arising out of or relating to (i) your violation of these Terms, (ii) any allegation that any information on material submitted by you violates any intellectual property rights of any third party, or (iii) any activity related to your account.
This agreement is governed by and construed in accordance with the laws of the State of Illinois, U.S.A., without regards to conflicts of laws principles. You agree to submit to the exclusive jurisdiction of any state or federal court located in the county of Kane, state of Illinois, U.S.A., and waive any jurisdictional, venue or inconvenient forum objections to such courts.
Should any provision of these Terms and Conditions be or become invalid, illegal, or unenforceable under applicable law, the other provisions shall not be affected and shall remain in full force and effect. These Terms and Conditions bind and inure to the benefit of the parties’ successors and assigns. These Terms and Conditions are not assignable; any transfer, assignment or delegation by you is invalid. These Terms and Conditions constitute the entire agreement between the parties with respect to its relationship and supersede all prior oral or written agreements, understandings and representations to the extent that they relate in any way to the subject matter hereof. No waiver of any of the provisions shall bind either party unless set forth in a writing specifying such waiver, consent or amendment signed by both parties. The headings of these Terms and Conditions are provided for convenience only and shall not affect its construction or interpretation. By using the Site, you agree to these Terms and Conditions, without modification, and acknowledge reading them. We reserve the right to change these Terms and Conditions or to impose new conditions on use of the Site, from time to time, in which case we will post the revised Terms and Conditions on this Site. By continuing to use the Site after we post any such changes means you accept the new Terms and Conditions with the modifications.
Revised May 6, 2018