Welcome to www.fitnesssuperstore.com (“Website”). Fitness Superstore, Inc. (“We,” “Us,” or “Our”) owns and operates the Website.
The Terms and Conditions ("Agreement") is a legal agreement that explains the terms and conditions that all visitors, users, clients and customers (“You” or “Your”) must comply with when using the Website. By using the Website, You agree to abide by this Agreement
This Agreement incorporates Our Privacy Policy, Payment Method, Shipping info, International sales, Return and Refund, Cancellation and Warranty policies.
NOTICE REGARDING DISPUTE RESOLUTION, ARBITRATION, AND CLASS ACTION WAIVER. This Agreement contains provisions that govern how claims you and Fitness Superstore, Inc. have against each other are resolved (see Section 22 (Limitations of Liability), Section 28 (Dispute Resolution, Arbitration, and Class Action Waiver), and Section 39 (Jurisdiction and Choice of Law) below). It also contains an agreement to arbitrate, which will, with limited exception, require you to submit claims you have against us to binding and final arbitration, unless you opt-out of the agreement to arbitrate in accordance with Section 28.11. Unless you opt-out: (A) you will only be permitted to pursue claims against Fitness Superstore, Inc. on an individual basis, not as part of any class or representative action or proceeding and (B) you will only be permitted to seek relief (including without limitation monetary, injunctive, and declaratory relief) on an individual basis.
Please read this Agreement carefully, because it affects Your rights and liabilities under the law. By using or accessing the Website, You confirm that You have read and agreed to be bound by this Agreement. If You do not agree with this Agreement, You cannot use or access the Website.
6. Our content
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6.1.Except for User Content as defined in Section 8 below, all of the content featured or displayed on the Website, including, without limitation, text, graphics, photographs, images, moving images, sound, and illustrations (“Our Content”) are owned by us, our licensors, vendors, agents and/or our content providers. All elements of the Website, including without limitation the general design and Our Content, are protected by trade dress, copyright, moral rights, trademark, and other laws relating to intellectual property rights.
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6.2.The Website, Our Content, and all related rights shall remain our exclusive property or of our licensors unless otherwise expressly agreed.
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6.3.You will not remove any copyright, trademark, or other proprietary notices from Our Content.
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6.4.Except as may be otherwise indicated in specific documents within the Website or as permitted by copyright law, you are authorized to view, play, print and download copyrighted documents, audio and video found on our Website for personal, informational, and non-commercial purposes only.
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6.5.Except as permitted by copyright law, you may not modify any of the materials and you may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information or work contained on the Website.
7. Trademarks/no endorsement
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7.1.All of our trademarks, service marks and trade names used herein (including but not limited to: the “Fitness Superstore” name, Fitness Superstore logo, the Website name, the Website design, and any logos) (collectively “Marks”) are our trademarks or registered trademarks or of our affiliates, partners, vendors or licensors. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify our trademarks in any way, including in advertising or publicity pertaining to distribution of materials on the Website, without our prior written consent. The use of our trademarks on any other site or network computer environment is not allowed. we prohibit the use of our trademarks as a “hot” link on or to any other site, unless we have approved in advance the establishment of such a link. You shall not use our name or any language, pictures or symbols which could, in our judgment, imply our endorsement in any (i) written or oral advertising or presentation, or (ii) brochure, newsletter, book, or other written material of whatever nature, without prior written consent.
8. User contents
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8.1.You may be able to submit or otherwise make available testimonials, reviews, messages, e-mails, photographs, videos, and other content for display on the Website ("User Content") as dictated by the functionality of the Website.
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8.2.You shall be solely responsible for your own User Content and the consequences of posting or publishing them. The Website merely acts as a passive conduit for your online distribution and publication of User Content.
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8.3.Without limiting any of our rights in law and equity, we reserve the right to remove any User Content for any reason in our sole discretion, including any User Content that we believe may violate this Agreement, or any copyright or third-party rights.
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8.4.By submitting User Content, you automatically warrant and represent to us that you are the owner of all intellectual property rights in and to the User Content or that you otherwise have all sufficient rights to grant the license above. You further warrant and represent that the User Content infringes no third-party right of privacy, right of publicity, or any other third-party right or proprietary interest.
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8.5.By submitting or otherwise making available any User Content on the Website, you automatically grant us a nonexclusive, royalty-free, worldwide, perpetual, irrevocable, sublicensable (through multiple tiers), license to use, modify, copy, distribute, transmit, publicly display, publicly perform, publish, adapt, create derivative works of, distribute, transfer, or sell any such content, for any purpose, including commercial purposes and in connection with advertising for the sole benefit of the Website, in any type of media or in any form now known or later developed, without any payment to you. In addition, you automatically waive and give up any claim that any use of such content violates any of your rights, including privacy rights, publicity rights, moral rights or any other right, including the right to approve the way the Website uses such content. You also grant us and the Website the right to use any material, information, ideas, concepts, know-how, or techniques contained in any communication you provide, submit, or otherwise make available to the Website or to us for any purpose whatsoever, including, without limitation, commercial purposes.
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8.6.User Content does not represent our views or of any individual associated with us, and we do not control User Content. In no event shall you represent or suggest, directly or indirectly, our endorsement of User Content. We do not vouch for the accuracy or credibility of any User Content on our Website, and do not take any responsibility or assume any liability for any actions you may take as a result of reading User Content on our Website.
9. Right to takedown
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9.1.You shall remain solely responsible for your User Content, and we shall have no obligation to prescreen any such content. However, we shall have the right in our sole discretion to edit, refuse to post, or remove any material submitted to or posted on the Website at any time without notice. Without limiting the foregoing, we shall have the right to remove any material that we find to be in violation of the provisions hereof or otherwise objectionable, and the additional right to deny any User who fails to conform to any provision of this Agreement access to the Website.
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9.2.If you wish to remove your User Content from the Website, please send us an email to info@fitnesssuperstore.com. We will remove your User Content within 14 business days of receiving your request. However, we may retain copies of your User Content, not accessible to the public, on our backup servers even after you request removal.
10. Advertising rights
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10.1.We reserve the right to sell, license and/or display any advertising, attribution, links, promotional and/or distribution rights in connection with any User Content. We and our licensors or affiliates will be entitled to retain any and all revenue generated from any sales or licenses of such advertising, attribution, links, or promotional or distribution rights. Nothing in this Agreement obligates or may be deemed to obligate us to sell, license or offer to sell or license any advertising, promotion, or distribution rights.
11. Use of the website
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11.1.We encourage a free and open exchange of ideas in a climate of mutual respect. Any action by a User that infringes on another user's right to use and enjoy the Website is prohibited. We reserve the right, but do not assume any obligation, to monitor your online conduct to enforce this Agreement.
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11.2.You must use the Website for lawful purposes only.
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11.3.Your use and access of the Website does not include any right of resale or commercial use of the Website or its Content; any collection and use of any Product listings, descriptions, or Prices; any derivative use of the Website or its Content; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.
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11.4.The Website and/or any portion of the Website may not be reproduced, sold, resold, visited or otherwise exploited for any commercial purpose without our express written consent.
19. Third party links
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19.1.From time to time, the Website may contain links to sites that we and our affiliates do not own, operate nor control. All such links are provided solely for your convenience. If you use these links, you will leave the Website. Neither we nor any of our respective affiliates are responsible for any content, material or other information located on or accessible from any other site. Neither we nor any of our respective affiliates endorse, guarantee, or make any representations or warranties regarding any other site, or any content, materials or other information located or accessible from any other site, or the results that you may obtain from using any other site.
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19.2.If you decide to access any other site linked to or from this Website, you do so entirely at your own risk. You agree to be aware when you leave the Website and to read the privacy statements of these sites. You will evaluate the security and trustworthiness of any site connected to or accessed through the Website before disclosing any personal information to them. We do not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure of personal information to those third-party sites.
20. Intellectual property rights
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20.1.We claim copyright and all other intellectual property rights to Our Content on the Website, including, but not limited to the words, information, graphics, designs, logos, trademarks, photographs, icons, drawings, and text. Our intellectual property is protected under copyright, trademark, and other intellectual property laws. As part of this Agreement, you agree to not reproduce, distribute, sell, publish, or broadcast any of Our Content without our prior written consent.
21. Disclaimers
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21.1.Your use of the website is at your own risk. The information, materials, and services provided on or through the website are provided “as is” without any warranties of any kind, including warranties of merchantability, fitness for a particular purpose, security, or non-infringement of intellectual property. Neither we nor any of our affiliates warrant the accuracy or completeness of the information, materials, or services provided on or through the website. The information, materials, and services provided on or through the website may be out of date, and neither we nor any of our affiliates make any commitment or assume any duty to update such information, materials, or services. 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. No advice or information, whether oral or written, obtained from the website or through our services will create any warranty not expressly made herein.
22. Limitations of liability
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22.1.We do not assume any responsibility, or will be liable, for any damages to, or any viruses that may infect Your computer, telecommunication equipment, or other property caused by or arising from Your access to, use of, or browsing the Website, or Your downloading of any information or materials from this Website. In no event will we, or any of our officers, directors, employees, shareholders, affiliates, agents, successors or assigns, nor any party involved in the creation, production or transmission of the website, be liable to you or anyone else for any indirect, special, punitive, incidental or consequential damages (including, without limitation, those resulting from lost profits, lost data or business interruption) arising out of the use, inability to use, or the results of the use of the website, any site linked to the website, or the materials, information or services contained on any or all such site, whether based on warranty, contract, tort or any other legal theory and whether or not advised of the possibility of such damages. You specially acknowledge that we shall not be liable for user submissions or the defamatory, offensive, or illegal conduct of any third party, and that the risk of harm or damage from the foregoing rests entirely with you. The foregoing limitations of liability do not apply to the extent prohibited by law. Please refer to your local laws for such prohibitions
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22.2.In the event of any problem with the website or any content, you agree that your sole remedy is to cease using the website.
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22.3.In the event of any problem with the goods or services that you have purchased on or through the website, you agree that your sole remedy, if any, is from the manufacturer of such goods or supplier of such services, in accordance with such manufacturer’s or supplier’s warranty, or to seek a return and refund for such good or services in accordance with the returns and refunds policies posted on the website. In no event shall our total liability to you for all damages, losses, and causes of action whether in contract, tort (including, but not limited to, negligence), or otherwise exceed the greater of (A) one hundred U.S. dollars ($100) or (B) the value of your purchase made on the website of the productor service that caused such damage or loss.
23. Indemnity
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23.1.You agree to defend, indemnify and hold us and any of our affiliated company or individual harmless from any and all liabilities, costs, and expenses, including reasonable attorneys’ fees, related to or in connection with (a) your use of the Website or the internet or your placement or transmission of any message or information on this Website; (b) your violation of any term of this Agreement, including without limitation, your breach of any of your representations and warranties within this Agreement; (c) your violation of any third party right, including without limitation any right of privacy, publicity rights or Intellectual Property Rights; (d) your violation of any law, rule or regulation of USA or any other country; (e) any claim or damages that arise as a result of any User Content that you provide to us; or (f) any other party’s access and use of the Website with your unique username, password or other appropriate security code.
24. Release
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24.1.In the event that you have a dispute with one or more other visitors, users, customers, or clients of the Website, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
25. Communications
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25.1.We reserve the right to send you an electronic mail for the purpose of informing you of changes or additions to the Website or this Agreement.
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25.2.Except as disclosed in our Privacy Policy, we will not monitor, edit, or disclose the contents of your email, unless required in the course of normal maintenance of the Website and its systems, or unless required to do so by law or in the good-faith belief that such action is necessary to: (a) comply with the law or comply with legal process served on us or the Website; (b) protect and defend our rights or property of, the Website, or the users of the Website; or (c) act in an emergency to protect the personal safety of our guests, the Website, or the public.
26. User feedback
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26.1.We welcome and encourage You to provide feedback, comments, and suggestions for improvements of the Website (“Feedback”). You may submit Feedback by emailing Us at info@fitnesssuperstore.com. You acknowledge and agree that if you submit any Feedback to us, you hereby grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sub-licensable (through several tiers) and transferable license under any and all intellectual property rights that you own or control in relation to the Feedback to use, reproduce, view, communicate to the public by any means, print, copy (whether onto hard disk or other media), edit, translate, perform and display (publicly or otherwise), distribute, redistribute, modify, adapt, make, sell, offer to sell, transmit, license, transfer, stream, broadcast, create derivative works from, and otherwise use and exploit the Feedback for any purpose.
27. Minimum age requirements
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27.1.Our Website is not directed to children. Access to and use of our Website is only for those who are at least at the age of 18 years of age or otherwise capable of entering into and performing legal agreements. If you are younger than this, you may not register for or use our Website.
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27.2.Any person who registers as a user or provides their personal information to our Website represents that they are at least at the age of 18 or otherwise capable of entering into and performing legal agreements. In agreeing with this Agreement, you represent and warrant that you are at least at the age of 18 or otherwise capable of entering into and performing legal agreements.
28. Dispute resolution, binding arbitration and class action waiver
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28.1.Agreement to Arbitrate. This Dispute Resolution, Binding Arbitration, and Class Action Waiver section is referred to in this Agreement as the “Arbitration Agreement”.
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28.2.Prohibition of Class and Representative Actions and Non-Individualized Relief. You and Fitness Superstore, Inc. agree that each of us may bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding. Unless both you and Fitness Superstore, Inc. agree otherwise, the arbitrator may not consolidate or join more than one person’s or party’s claims and may not otherwise preside over any form of a consolidated, representative, or class proceeding. Also, the arbitrator may award relief (including monetary, injunctive, and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party’s individual claim(s), except that you may pursue a claim for and the arbitrator may award public injunctive relief under applicable law to the extent required for the enforceability of this provision.
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28.3.Pre-Arbitration Dispute Resolution. Fitness Superstore, Inc. is always interested in resolving disputes amicably and efficiently, and most user concerns can be resolved quickly and to the user’s satisfaction by emailing support at info@fitnesssuperstore.com. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to Fitness Superstore, Inc. should be sent to 537 Stone Rd. STE F, Benicia, CA 94510 (“Notice Address”). The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If Fitness Superstore, Inc. and you do not resolve the claim within sixty (60) calendar days after the Notice is received, you or Fitness Superstore, Inc. may commence an arbitration proceeding.
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28.4.Arbitration. You agree that any and all disputes or claims that have arisen or may arise between you and Fitness Superstore, Inc., whether arising out of or relating to this Agreement (including any alleged breach thereof), the Website, and any aspect of the relationship or transactions between us, including the question of arbitrability, shall be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement. Further, this Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into this Arbitration Agreement, you and Fitness Superstore, Inc. are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.
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28.5.Arbitration Procedures. Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association’s (“AAA”) rules and procedures, including the AAA’s Consumer Arbitration Rules (collectively, the “AAA Rules”), as modified by this Arbitration Agreement. For information on the AAA, please visit its website, http://www.adr.org. Information about the AAA Rules and fees for consumer disputes can be found at the AAA’s consumer arbitration page, http://www.adr.org/consumer, as may be updated from time to time. If there is any inconsistency between any term of the AAA Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of this Agreement as a court would. All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under this Agreement and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
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28.6.During the arbitration, the amount of any settlement offer made by Fitness Superstore, Inc. or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Fitness Superstore, Inc. is entitled.
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28.7.Costs of Arbitration. Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees”) will be governed by the AAA Rules, unless otherwise provided in this Arbitration Agreement. The parties understand that, in some instances, the costs of arbitration could exceed the costs of litigation and that the right to discovery may be more limited in arbitration than in court. In addition, if you demonstrate to the arbitrator that the costs of arbitration will be prohibitive as compared to the costs of litigation, Fitness Superstore, Inc. will pay as much of the Arbitration Fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. Any payment of attorneys’ fees will be governed by the AAA Rules.
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28.8.Confidentiality. All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.
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28.9.Severability. If a court or the arbitrator decides that any term or provision of this Arbitration Agreement (other than Section 28.2 above) is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement shall be enforceable as so modified. If a court or the arbitrator decides that any of the provisions of Section 28.2 are invalid or unenforceable, then the entirety of this Arbitration Agreement shall be null and void, unless such provisions are deemed to be invalid or unenforceable solely with respect to claims for public injunctive relief. The remainder of this Agreement will continue to apply.
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28.10.Future Changes to Arbitration Agreement. Notwithstanding any provision in this Agreement to the contrary, Fitness Superstore, Inc. agrees that if it makes any future change to this Arbitration Agreement (other than a change to the Notice Address) while you are a user of the Website, you may reject any such change by sending Fitness Superstore, Inc. written notice within thirty (30) calendar days of the change to the Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Arbitration Agreement as of the date you first accepted this Agreement (or accepted any subsequent changes to this Agreement).
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28.11.Opt-Out. If you are a new user of the website, you can choose to reject the arbitration agreement provision ("opt-out") by emailing us an opt-out notice to info@fitnesssuperstore.com ("opt-out notice") or via U.S. mail to: Fitness Superstore, Inc., Attn: Arbitration Opt-Out, 537 Stone Rd. STE F, Benicia, CA 94510. The opt-out notice must be received no later than thirty (30) days after the date you accept these terms and conditions for the first time. If you are not a new user of the website, you have until thirty (30) days after the posting of the new terms and conditions to submit an arbitration opt-out notice.
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28.12.In order to opt-out, you must email your name, address (including street address, city, state, and zip code), and email address(es) associated with your Account(s) to which the opt-out applies, and the date you started using the Website to: info@fitnesssuperstore.com. This procedure is the only way you can opt out of the Arbitration Agreement. If you opt out of the Arbitration Agreement, all other parts of these Terms and Conditions and its Dispute Resolution, Binding Arbitration, and Class Action Waiver Section will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any previous, other, or future arbitration agreements that you may have with us.
29. Updates and upgrades
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29.1.We have the right to update and upgrade the Website from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system’s capabilities or for any other reason at our sole discretion which we may decide. Your continued access to or use of the Website constitutes your acceptance of any such change and/or amendment.
30. Revisions
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30.1.This Agreement is subject to our revisions and changes from time to time. We will inform you of the revisions and changes through email and/or by posting a notice on the homepage of the Website, and an updated Effective Date at the top of this page. Your continued use of the Website after the revision and changes will mean that you agree, without qualification, to the revised Agreement.
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30.2.Should you object to any such revisions to this Agreement or become dissatisfied with the Website in any way, your only recourse is to immediately terminate your membership or discontinue use of the Website. Otherwise, continuing to use, visit, access or use the Website after the Effective Date means that you agree to be bound by any and all revisions.
33. Force majeure
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33.1.We shall not be responsible for damages or for delays or failures in performance resulting from acts or occurrences beyond our reasonable control, including, without limitation: fire, lightning, explosion, power surge or failure, water, acts of God, war, revolution, civil commotion or acts of civil or military authorities or public enemies; epidemics, pandemics; any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; or labor unrest, including without limitation, strikes, slowdowns, picketing, or boycotts; inability to secure raw materials, transportation facilities, fuel or energy shortages, or acts or omissions of other common carriers.
34. Trade sanctions
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34.1.By using or accessing the Website, you represent and warrant that you are not (a) located in any country that is subject to Office of Foreign Assets Control (“OFAC”)’s trade and economic sanctions, currently Cuba, Iran, North Korea, Syria, the Crimea, Donetsk (“DNR”), Luhansk (“LNR”), Kherson, and Zaporizhzhia regions of the Ukraine; or (b) an individual or entity included on any U.S. lists of prohibited parties including: the Treasury Department’s List of Specially Designated Nationals List (“SDN List”) and Sectoral Sanctions List (“SSI List”); or (c) subject to sanctions by the United States, European Union, United Kingdom, United Nations, or any other applicable government or international body.
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34.2.Additionally, you agree not to, directly or indirectly, use, access, or otherwise dispose of the Website in contradiction with these laws and regulations. Failure to comply with these laws and regulations may result in the suspension or termination of your Account.
35. Statement for modern day slavery
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35.1.We confirm that neither we nor any entity that we own, or control is involved in Modern Slavery practices including servitude and forced or compulsory labor. We further confirm that Modern Slavery is not occurring in our business operations and activities and any entity that we own or control. We do not enter into business with any entity which, to the best of our knowledge, knowingly supports or is found to be involved in Modern Slavery practices.
36. Copyright notice
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36.1.All Website design, graphics, text selections, arrangements, and all software are of Copyright © 2020, Fitness Superstore, Inc. or its licensors. ALL RIGHTS RESERVED.
37. Notice for California users
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37.1.If you are a California resident, in accordance with Cal. Civ. Code § 1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210.
38. General
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38.1.Entire Agreement. This Agreement and the other agreements stipulated to be incorporated herein are the entire agreement between you and us and supersede any prior understandings or agreements (written or oral).
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38.2.Counterparts. A printed version of this Agreement will be admissible in judicial and administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
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38.3.Severability. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.
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38.4.Assignment. You agree that this Agreement and all incorporated agreements may be automatically assigned by us at our sole discretion. You cannot assign this Agreement without our written consent.
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38.5.Headings. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
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38.6.No Waiver. Our failure to act with respect to your or others’ breach does not waive our right to act with respect to subsequent or similar breaches.
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38.7.Survival. Sections that are by their nature an intended to survive the termination or expiration of this Agreement, including but not limited to, TRADEMARKS/NO ENDORSEMENT, ADVERTISING RIGHTS, INTELLECTUAL PROPERTY RIGHTS, DISCLAIMERS, LIMITATIONS OF LIABILITY, INDEMNITY, RELEASE, COMMUNICATIONS, and DISPUTE RESOLUTION, ARBITRATION, AND CLASS ACTION WAIVER, shall so survive any termination or expiration of this Agreement.
39. Jurisdiction and choice of law
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39.1.Any claim relating to, and the use of, this Website and the materials contained herein is governed by the laws of the state of California, USA. You consent to the exclusive jurisdiction of the state and federal courts located in Benicia, California, USA.