This page contains our PRIVACY POLICY at the top
and our complete website TERMS AND CONDITIONS below that.
In using this website you are deemed to have read and agreed to the following policies, terms and conditions:
YOU ARE ADVISED TO READ THIS ENTIRE DOCUMENT. BY USING THIS WEBSITE YOU ARE AGREEING TO THESE POLICIES, TERMS AND CONDITIONS
Protecting your privacy is important to us. We hope the following statement will help you understand how www.ChiropractorsBlend.com collects, uses and safeguards the personal information you provide to us on our site. Please note we do not sell/rent/share your email address or any other personal information with any third party.
Privacy Policy Statement
This is the web site of Chiropractors Blend.
Our postal address is
910 S Via Rodeo
Placentia, CA 92870
We can be reached via e-mail at
[email protected]or you can reach us by telephone at 714-996-2227
For each visitor to our Web page, our Web server automatically recognizes no information regarding the domain or e-mail address.
We collect the e-mail addresses of those who communicate with us via e-mail, aggregate information on what pages consumers access or visit, information volunteered by the consumer, such as survey information and/or site registrations, payment information (e.g., credit card number and billing address).
The information we collect is used to process orders or requests. We do not sell/rent/share customer email address or any other personal information with any third party.
Information is disclosed when legally required to do so, at the request of governmental authorities conducting an investigation, to verify or enforce compliance with the policies governing our Website and applicable laws or to protect against misuse or unauthorized use of our Website.
With respect to cookies: We use cookies to record session information, such as items that consumers add to their shopping cart.
If you do not want to receive e-mail from us in the future, please let us know by sending us e-mail at the above address or Clicking on the automated "Unsubscribe" button at the bottom of any email solicitation.
If you supply us with your postal address on-line you may receive periodic mailings from us with information on new products and services or upcoming events. If you do not wish to receive such mailings, please let us know by calling us at the number provided above, e-mailing us at the above address, writing to us at the above address.
Please provide us with your exact name and address. We will be sure your name is removed from the list we share with other organizations
Persons who supply us with their telephone numbers on-line will only receive telephone contact from us with information regarding orders they have placed on-line.
Please provide us with your name and phone number. We will be sure your name is removed from the list we share with other organizations
With respect to Ad Servers: We do not partner with or have special relationships with any ad server companies.
From time to time, we may use customer information for new, unanticipated uses not previously disclosed in our privacy notice. If our information practices change at some time in the future we will post the policy changes to our Web site to notify you of these changes and provide you with the ability to opt out of these new uses. If you are concerned about how your information is used, you should check back at our Web site periodically, we will post the policy changes to our Web site to notify you of these changes and we will use for these new purposes only data collected from the time of the policy change forward. If you are concerned about how your information is used, you should check back at our Web site periodically.
Customers may prevent their information from being used for purposes other than those for which it was originally collected by e-mailing us at the above address.
With respect to security: When we transfer and receive certain types of sensitive information such as financial or health information, we redirect visitors to a secure server and will notify visitors through a pop-up screen on our site, We have appropriate security measures in place in our physical facilities to protect against the loss, misuse or alteration of information that we have collected from you at our site.
If you feel that this site is not following its stated information policy, you may contact us at the above addresses or phone number.
TERMS AND CONDITIONS
In using this website you are deemed to have read and agreed to the following terms and conditions:
TERMS AND CONDITIONS
ATTENTION: This is a binding agreement between You, the person or entity agreeing to the terms contained in this document (“You”, “Your” or “Customer”), and Fitness Innovative Technologies, Inc. (hereinafter known as "FIT INC."),manufacturer of "Chiropractor's Blend" products and the owner and administrator of this Website and all content and functionality contained herein (“FIT INC.”, “Our”, “Us”, or “Company”) (collectively, the “Parties” or “We”). These terms and conditions(collectively, these “Terms”, “Terms of Use” or this “Agreement”), govern Your use of and access to this Website and any and all of its sub-pages (collectively, the “Website”).
THIS AGREEMENT WILL BE GOVERNED BY THE ELECTRONIC SIGNATURES ACT. YOU AGREE TO BE BOUND BY THE TERMS AND PROVISIONS CONTAINED IN THIS AGREEMENT BY ANY ACCESS, VIEWING OR USE OF THE WEBSITE. IF YOU DO NOT AGREE, YOU MUST NOT ACCESS, VIEW OR USE ANY PART OF THE SITE.
YOU SHOULD YOU REVIEW THIS DOCUMENT IN ITS ENTIRETY BEFORE USING THE WEBSITE OR BUYING ANY PRODUCT THROUGH THE WEBSITE.
You shall not use the Website for any illegal purposes, and you will use it in compliance with all applicable laws and regulations. You agree not to use the Website in a way that may cause the Website to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of the Website is in any way impaired;
You agree not to attempt any unauthorized access to any part or component of the Website; and You agree that in the event that you have any right, claim or action against any Users arising out of that User's use of the Website, then you will pursue such right, claim or action independently of and without recourse to us.
YOU AGREE TO BE FULLY RESPONSIBLE FOR (AND FULLY INDEMNIFY US AGAINST) ALL CLAIMS, LIABILITY, DAMAGES, LOSSES, COSTS AND EXPENSES, INCLUDING LEGAL FEES, SUFFERED BY US AND ARISING OUT OF ANY BREACH OF THE CONDITIONS BY YOU OR ANY OTHER LIABILITIES ARISING OUT OF YOUR USE OF THE WEBSITE, OR THE USE BY ANY OTHER PERSON ACCESSING THE WEBSITE USING YOUR PC OR INTERNET ACCESS ACCOUNT.
ACCEPTANCE OF TERMS OF USE
By using, visiting, or browsing the Website, as well as placing an order with FIT INC. through the Website, you accept, without limitation or qualification, these Terms of Use and agree, without limitation, to the terms of Our Privacy Statement. If You do not agree to be bound by these Terms of Use and Privacy Statement, You should exit the Website immediately. By accessing, using or ordering products through the Website, You affirm that You have read this Agreement and understand, agree, and consent to all Terms contained herein.
These Terms of Use constitute the entire agreement between FIT INC. and You, and supersedes all prior or contemporaneous agreements, representations, warranties, and understandings with respect to the Website, the content, products, or services provided by or through the Website, and the subject matter of these Terms of Use. By accessing the website and/or purchasing any product You manifest Your agreement to the Terms in this document.
You further agree not to use or access the Website if doing so would violate the laws of Your state, province or country.
CHANGES TO TERMS OF USE
FIT INC. reserves the right, at its discretion, to change, modify, add, or remove portions of this Agreement and Our other policies and agreements related to the Website at any time and in any manner, without prior notice to You. You are bound by such revisions and should therefore periodically visit this page to determine the then current Terms of Use to which You are bound.
PRIVACY STATEMENT
We are committed to protecting your privacy. Authorized employees within the company on a need to know basis only use any information collected from individual customers. We constantly review our systems and data to ensure the best possible service to our customers. Government law has or may create specific offenses for unauthorized actions against computer systems and data. We will investigate any such actions with a view to prosecuting and/or taking civil proceedings to recover damages against those responsible.
We will not sell, share, or rent your personal information to any third party or use your e-mail address for unsolicited mail. Any emails sent by this Company will only be in connection with the provision of agreed services and products. You may Opt-Out of any additional emails or communication with us by clicking "Unsubscribe" on any email, or by notifying us at
[email protected]. Emails related to or required for completing orders will still be sent to your address on file.
ORDERING PRODUCTS THROUGH THE WEBSITE
Products can be purchased singularly or severally.
(1) Products can be purchased singularly or severally for one-time shipment. A shipping charge will apply. You will be charged this full amount on the date of Your purchase. No additional charges will be made to any credit card or other form of payment.
You will be responsible for payment for any Product that has either (i) already been shipped to You or (ii) already been delivered to You at the time of Your cancellation.
SHIPPING TERMS
Please be advised that shipments are not sent on Saturdays, Sundays, or any Holidays. FIT INC. does not guarantee specific arrival dates or times. FIT INC. does not refund or credit delivery or processing charges for any shipments.
CUSTOMER INFORMATION REQUIREMENTS
You are required to provide an accurate phone number, e-mail address, and shipping address when placing Your order. FIT INC. cannot be held liable for delays in Your shipments due to inaccurate information provided by You, or by delays by the carrier(s) who deliver such shipments
DELIVERY CONFIRMATION POLICY
Because a variety of instances beyond Our control may occur at Your shipping address, You agree that any delivery confirmation (even those that do not include a signature) provided by the selected shipping provider is deemed sufficient proof of delivery to the credit card holder.
CANCELLATION OF ORDERS
If You are not satisfied with the Product(s) and wish to cancel future deliveries of the Product(s), You must email us at
[email protected] or You must call Our Customer Service Department toll-free at 1-800-647-9355.
BILLING
By ordering Products from FIT INC., You authorize FIT INC. to charge Your credit card accordingly. This authority shall remain in effect until and unless You have cancelled future orders of the Products as described in this Agreement, above. If You believe that You have been erroneously billed, You must email us at
[email protected] or You must call Our Customer Service Department toll-free at 1-800-647-9355 to immediately notify us of such error. If FIT INC. does not hear from You within thirty (30) days after such billing error first appears on any account or credit card statement, such fee will be deemed acceptable by You for all purposes, including resolution of inquiries made by Your credit card issuer. You release us from all liabilities and claims of loss resulting from any error or discrepancy that is not reported to Us within thirty (30) days of its publication.
RETURNS AND REFUNDS
You must email us at
[email protected] or You must call Our Customer Service Department toll-free at 1-800-647-9355.
All shipping and handling charges are non-refundable.
You are responsible for all shipping expenses for returns to our warehouse.
CHARGEBACK POLICY:
In the event a chargeback is filed by you and denied by the issuing bank - you will be charged the $50 Chargeback filling fee as well as a $100 processing fee.
We strongly encourage you to contact our customer service department to assist you with a refund, before you consider filing a dispute or chargeback with your bank or credit card company.
MODIFICATIONS OF PRODUCT OFFERINGS AND PRICE
FIT INC. reserves the right to modify the prices charged for the Products, or to add or remove any Products, from the Website at any time without prior notice to You. Price quotes provided to You prior to any price modification shall be honored.
LIMITATION OF LIABILITY AND DISCLAIMER OF WARRANTY
THE MATERIALS AND PRODUCTS CONTAINED AND OFFERED ON THE WEBSITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, FIT INC. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR OTHER VIOLATIONS OF RIGHTS. IN NO EVENT SHALL FIT INC. OR ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, INDEPENDENT CONTRACTORS, TELECOMMUNICATIONS PROVIDERS, AND AGENTS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES, UNDER ANY CAUSE OF ACTION WHATSOEVER INCLUDING, BUT NOT LIMITED TO, CONTRACT, TORT, STRICT LIABILITY, WARRANTY, OR OTHERWISE, FOR ANY CLAIM CAUSE OF ACTION, FEE, EXPENSE, COST, OR LOSS (COLLECTIVELY, “CLAIMS”) ARISING FROM OR RELATED TO THIS AGREEMENT, THE PRIVACY STATEMENT, THE PRODUCTS, OR THE CUSTOMER’S USE OF THE WEBSITE OR ANY PRODUCT.
FIT INC. ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THE WEBSITE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY FIT INC. WEBSITE OR THE SERVERS THAT MAKE SUCH MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; FIT INC. FURTHER ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY FAILURES, DELAYS, MALFUNCTIONS, OR INTERRUPTIONS IN THE DELIVERY OF ANY CONTENT CONTAINED ON THE WEBSITE; ANY LOSSES OR DAMAGES ARISING FROM THE USE OF THE CONTENT PROVIDED ON THE WEBSITE; OR ANY CONDUCT BY USERS OF THE WEBSITE, EITHER ONLINE OR OFFLINE. FIT INC. DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON ANY FIT INC. WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION.
You agree that FIT INC.’s entire liability for all CLAIMS shall be limited, in the aggregate, to the lesser of (i) USD $250.00, or (ii) the total amount of money You paid to FIT INC. in the one (1) month period immediately preceding the incident on which Your alleged claim is based. This limitation of liability shall apply for all CLAIMS, regardless of whether FIT INC. was aware of or advised in advance of the possibility of damages or such CLAIMS.
The warranties and representations specifically set forth in this agreement are the only warranties and representations with respect to this Agreement, and are in lieu of any and all other warranties, written or oral, express or implied, that may arise either by agreement between the parties hereto or by operation of law, including warranties of merchantability and fitness for a particular purpose. None of these warranties and representations will extend to any third person. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to You.
REPRESENTATIONS; PRODUCT DISCLAIMERS
FIT INC. is committed to improving the well-being of our customers by providing safe and effective wellness products made with the highest quality ingredients. You understand, however, that Our Products have not been evaluated by the Food and Drug Administration, and Our Products are not intended to diagnose, treat, cure or prevent any disease. The information on this Website or in emails is designed for informational purposes only and is not intended to be a substitute for informed medical advice or care.
You understand that You should not use this information to diagnose or treat any health problems or illnesses without consulting Your doctor or physician. You also understand that the Product is not intended or to be used to treat any type of medical condition such as obesity. You agree that You either have consulted, or will consult, with a physician or doctor before using any of Our Products, particularly if You suffer from any medical condition including, but not limited to, strokes, high blood pressure, heart, liver, kidney or thyroid disease, diabetes, anemia, depression, anxiety, other psychiatric conditions, a family history of these or other medical conditions, or if taking any prescription, OTC and/or other herbal medications, and You agree that you will cease immediately from taking or using Our Products if You experience any ill effects or unintended side effects of any Product.
FIT INC. endeavors to provide You with accurate information about Our Products. You understand and agree that the information FIT INC. conveys about or Products and/or the efficacy of Our Products, is obtained from independent third parties such as news agencies, scientific reports, and scientific / research entities (“Third Parties”). FIT INC. does not warrant or represent that such information is error-free, and FIT INC. does not represent or endorse any Third Parties or the methods that they use to arrive at their conclusions. All Product specifications, performance data, and other information on the Website is for informational and illustrative purposes only, and do not constitute a guarantee or representation that the Products will conform to such specifications or performance data.
FIT INC. does not warrant or represent that Our Products will provide You with any particular benefits, or that Your results will match those of others who consume Our Products. Individual results will vary from person to person, and are dependent on factors including age, weight, diet, and exercise regimen.
By using the Website, You agree to comply with all applicable laws and regulations of the United States. The material provided on the Website is protected by law including, but not limited to, United States copyright and trademark law and international treaties. FIT INC. makes no representation that materials contained in the Website are appropriate or available for use in other locations and access to them from territories where their contents are illegal is prohibited. Those who choose to access the Website from other locations outside the United States do so at their own initiative and are responsible for compliance with applicable local laws.
YOUR REPRESENTATIONS
You hereby represent and warrant that You are age eighteen (18) or older, that You have read this Agreement and thoroughly understand the terms contained in this Agreement, that any Products You purchase from the Website will be used for Your personal, non-commercial use, and that You will not re-sell, re-distribute or export any Product that You order from the Website. You further represent that FIT INC. has the right to rely upon all information provided to FIT INC. by You, and FIT INC. may contact You by email, telephone or postal mail for any purpose, including but not limited to (i) follow-up calls, (ii) customer satisfaction surveys, and (iii) inquiries about any orders You placed, or considered placing, at or through the Website.
INTELLECTUAL PROPERTY
The Website and all of its contents including, but not limited to, articles, other text, photographs, illustrations, graphics, product names, designs, logos, and the collection, arrangement, and assembly of all content (collectively, “the Intellectual Property”) are protected by copyright, trademark, and other laws of the United States, as well as international conventions and the laws of other countries. The Intellectual Property is the exclusive property of FIT INC. or its licensors. No license or ownership rights in or to any of the Intellectual Property are conveyed to You by virtue of this Agreement or by Your purchase of any Product from the Website. The Intellectual Property is protected by the copyright and trademark laws of the United States. Unless otherwise permitted by law, none of the Intellectual Property may be reproduced by You without FIT INC.’s prior written permission.
AVAILABILITY
Unless otherwise stated, the services featured on this website are only available within the United States, or in relation to postings from the United States. All advertising is intended solely for the United States market. You are solely responsible for evaluating the fitness for a particular purpose of any products, downloads, programs and text available through this site. Redistribution or republication of any part of this site or its content is prohibited, including such by framing or other similar or any other means, without the express written consent of the Company. The Company does not warrant that the service from this site will be uninterrupted, timely or error free, although it is provided to the best ability. By using this service you thereby indemnify this Company, its employees, agents and affiliates against any loss or damage, in whatever manner, howsoever caused.
LOG FILES
We use IP addresses to analyze trends, administer the site, track user’s movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information. Additionally, for systems administration, detecting usage patterns and troubleshooting purposes, our web servers automatically log standard access information including browser type, access times/open mail, URL requested, and referral URL. This information is not shared with third parties and is used only within this Company on a need-to-know basis. Any individually identifiable information related to this data will never be used in any way different to that stated above without your explicit permission.
COOKIES
Like most interactive web sites this Company’s website uses cookies to enable us to retrieve user details for each visit. Cookies are used in some areas of our site to enable the functionality of this area and ease of use for those people visiting. Some of our affiliate partners may also use cookies
WEBSITE USER CONDUCT AND RESTRICTIONS
You must be 18 years of age or older to access Our Website. As a user of the Website, You agree that in connection with Your use of the Website and the content You will not:
Upload, post, email, or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, pornographic, libelous, invasive of anyone's privacy, hateful, or racially, ethnically, or otherwise objectionable;
Conduct Yourself in an inappropriate, offensive, indecent, or vulgar manner while using Our service or Website;
Use the Website for any unlawful purpose;
Upload, post, email, or otherwise transmit any content that You do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary, and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements);
Upload, post, email, or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright, or other intellectual property right of any party;
Upload, post, email, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
Upload, post, email, or otherwise transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
Interfere with or disrupt the Website, the services, the content or servers or networks connected to the Website, the services or the content, or disobey any requirements, procedures, policies, or regulations of networks connected to the Website, the services, and/or the content, the terms of which are incorporated herein;
Intentionally or unintentionally violate any applicable local, state, national, or international law.
Without the express prior written authorization of FIT INC., You may not:
Duplicate the Website (except as expressly provided elsewhere in this Agreement or as permitted by law);
Create derivative works based on the Website or any of the Intellectual Property;
Remove any copyright or other proprietary notices from the Website or any of the Intellectual Property contained therein;
Frame or utilize any framing techniques in connection with the Website or any of the Intellectual Property;
Use any meta-tags or any other “hidden text” using the Website’s name or marks;
“Deep-link” to any page of the Website;
Circumvent any encryption or other security tools used anywhere on the Website (including the theft of user names and passwords or using another person’s user name and password in order to gain access to a restricted area of the Website);
Use any data mining, bots, or similar data gathering and extraction tools on the Website;
Use any device, software or routine to bypass any operational element or to interfere, or attempt to interfere, with the proper working of the Website, server or activities conducted therein; or,
Take any action that imposes an unreasonable or disproportionately large load on the Website or its network infrastructure.
TERMINATION OF AGREEMENT
This Agreement shall remain in force as long as You access the Website, use any functions or features of the Website, or order anything from the Website. FIT INC. reserves the right to terminate this Agreement without notice and/or refuse to sell to anyone who FIT INC. believes, in Our sole discretion, (i) has violated any of the terms of this Agreement, (ii) is abusing the Products or the services FIT INC. provides, or (iii) is unable to provide Us with sufficient information to allow Us to properly identify the customer’s real name, address, or other contact information.
NOTICE
Any notice required to be given under this Agreement to You may be provided to You by postal mail or by email. If notice is sent by email, such notice shall be sent to the last known email address that You provided to Us, and shall be deemed delivered once sent. Notices by customers to FIT INC., or returns, or any other communication via delivery services must be sent to the following address: FIT INC., Inc., 910 Via Rodeo, Placentia, CA 92870.
LINKS
The Website may provide links to other World Wide Web sites or resources. FIT INC. has not reviewed these websites and is not responsible for the accuracy, content, privacy policies or availability of information found on websites that link to or from any FIT INC. Website. FIT INC. cannot ensure that You will be satisfied with any products or services that You purchase from a third-party site that links to or from any FIT INC. Website or third-party content on our sites. FIT INC. does not endorse any of the merchandise, nor has FIT INC. taken any steps to confirm the accuracy or reliability of any of the information contained in such third-party sites or content. FIT INC. does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) You might be requested to give any third party, and You hereby irrevocably waive any claim against FIT INC. with respect to such sites and third-party content. FIT INC. strongly encourages You to make whatever investigation You feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. Neither FIT INC. nor its affiliates, officers, directors, shareholders, employees, independent contractors, telecommunications providers, or agents shall be liable for any damages, including but not limited to direct, indirect, incidental, consequential, or punitive damages arising out of your use of third-party material or third-party sites that are linked to this Website. No link to the Website may be framed to the extent that such frame contains any sponsorship, advertising, or other commercial text or graphics. All links to the Website must be to www.ChiropractorsBlend.com. Deep linking to internal pages of this Website is expressly prohibited without prior written consent from FIT INC.
FORCE MAJEURE
FIT INC. shall not be responsible for any failure to perform due to unforeseen circumstances or to causes beyond Our reasonable control, including but not limited to: acts of God, such as fire, flood, earthquakes, hurricanes, tropical storms or other natural disasters; war, riot, arson, embargoes, acts of civil or military authority, or terrorism; strikes, or shortages in transportation, facilities, fuel, energy, labor or materials; failure of the telecommunications or information services infrastructure; hacking, SPAM, or any failure of a computer, server or software, for so long as such event continues to delay FIT INC.’s performance.
INDEMNITY
You agree to defend, indemnify, and hold harmless FIT INC., its affiliates, officers, directors, shareholders, employees, independent contractors, telecommunications providers, and agents, from and against any and all claims, actions, loss, liabilities, expenses, costs, or demands, including, but not limited to, reasonable legal and accounting fees, for all damages directly, indirectly, and/or consequentially resulting or allegedly resulting from Your use, misuse, or inability to use the Website, or Your breach of any of these terms and conditions of this Agreement. FIT INC. shall promptly notify You by electronic mail of any such claim or suit, and cooperate fully (at Your expense) in the defense of such claim or suit. If FIT INC. does not hear from You promptly, FIT INC. reserves the right to defend such claim or suit and seek full recompense from You.
DISPUTE RESOLUTION BY BINDING ARBITRATION
We Each agree To First Contact Each Other With Any Disputes
We each agree to first contact each other with any disputes and provide a written description of the problem, all relevant documents/information, and the proposed resolution. You agree to contact Us with disputes by contacting us at FIT INC., Inc., 910 Via Rodeo, Placentia, CA 92870, emailing us at
[email protected] or You must call Our Customer Service Department toll-free at 1-800-647-9355. FIT INC. will contact You by letter to Your billing address You provided Us.
Instead Of Suing In Court, We Each Agree To Arbitrate Disputes
We each agree to finally settle all disputes (as defined and subject to any specific exceptions below) only by arbitration. In arbitration, there is no judge or jury and review is limited. However, just as a court would, the arbitrator must honor the terms and conditions in this Agreement, the Terms of Use, and the Privacy Statement, and can award the same damages and relief, including any attorney’s fees authorized by law. The arbitrator’s decision and award is final and binding, with some exceptions under the Federal Arbitration Act (“FAA”), and judgment on the award may be entered in any court with jurisdiction. We also each agree as follows:
“Disputes” are any claims (including the definition of “claims” contained in the section Limitation of Liability and Disclaimer of Warranty above) or controversies against each other related in any way to this Agreement, the Terms of Use, the Privacy Statement, or Your purchase and use of the Product. This includes claims You bring against Our affiliates, officers, directors, shareholders, employees, independent contractors, telecommunications providers, or agents or other representatives, or that FIT INC. brings against You.
If either FIT INC. or You wants to arbitrate a dispute, We each agree to send written notice to the other providing a description of the dispute, previous efforts to resolve the dispute, all supporting documents/information, and the proposed resolution. Notice to You will be sent to Your billing address that You provided Us and notice to Us will be sent to: FIT INC., Inc., 910 Via Rodeo, Placentia, CA 92870. We each agree to make attempts to resolve this dispute within forty-five (45) days of receipt of the notice to arbitrate, then We may submit the dispute to formal arbitration.
The FAA applies to this Agreement and arbitration provision. We each agree that the FAA’s provisions, not state law, govern all questions of whether a dispute is subject to arbitration.
The arbitration will be administered by the National Arbitration Forum (“NAF”) under its arbitration rules. If any NAF rule conflicts with the terms of this Agreement, the terms of this Agreement apply. You can obtain procedures, rules, and fee information from the NAF at 1-800-474-2371 or www.adrforum.com.
Unless We each agree otherwise, the Arbitration will be conducted by a single neutral arbitrator and will take place in Orange County, California. The federal or state law that applies to the Agreement will also apply during the Arbitration.
We each agree not to pursue arbitration on a consolidated or classwide basis. We each agree that any arbitration will be solely between You and FIT INC. (not brought on behalf of or together with another individual’s claim). If for any reason any court or arbitrator hold that this restriction in unconscionable or unenforceable, then this agreement to arbitrate does not apply and the dispute must be brought in court.
We each are responsible for our own costs relating to counsel, experts, and witnesses, as well as any other costs relating to the arbitration. However, FIT INC. will cover any arbitration administrative or filing fee above: (a) $25 if You are seeking less than $1,000 from FIT INC.; or (b) the equivalent court filing fees for a court action in the appropriate jurisdiction if you are seeking $1,000 or more from us.
No Class Actions
TO THE EXTENT ALLOWED BY LAW, WE EACH WAIVE ANY RIGHT TO PURSUE DISPUTES ON A CONSOLIDATED OR CLASSWIDE BASIS; THAT IS, TO EITHER JOIN A CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY, OR ASSERT A CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE IN ANY LAWSUIT, ARBITRATION, OR OTHER PROCEEDING.
No Trial By Jury
TO THE EXTENT ALLOWED BY LAW, WE EACH WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY LAWSUIT, ARBITRATION, OR OTHER PROCEEDING.
GOVERNING LAW
You agree that this Agreement and any issue or dispute arising out of or otherwise related to this Agreement or with Your use of our Website, Intellectual Property, the Terms of Use, the Privacy Statement, or any matter concerning FIT INC. shall be governed exclusively by the laws of the State of California.
SEVERABILITY
If for any reason a court of competent jurisdiction finds any provision of this Agreement, the Terms of Use, the Privacy Statement, or any portion thereof, to be invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the remainder of the Agreement, the Terms of Use, and the Privacy Statement will continue in full force and effect.
NO WAIVER
No waiver of or by FIT INC. shall be deemed a waiver of any subsequent default of the same provision of this Agreement. If any term, clause or provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other term, clause or provision and such invalid term, clause or provision shall be deemed to be severed from this Agreement.
HEADINGS AND CAPITALIZATION
All headings and word or letter capitalization are solely for the convenience of reference and shall not affect the meaning, construction or effect of this Agreement.
COMPLETE AGREEMENT
This Agreement constitutes the entire agreement between the parties with respect to Your access and use of the Website and Your ordering and use of the Products, and supersedes and replaces all prior understandings or agreements, written or oral, regarding such subject matters.
MODIFICATIONS OF AGREEMENT
FIT INC. reserves the right to change any of the provisions posted herein and You agree to review these terms and conditions each time You visit the Website. Your continued use of the Website following the posting of any changes to these terms and conditions constitutes Your acceptance of such changes. FIT INC. does not and will not assume any obligation to provide You with notice of any change to this document. Unless accepted by FIT INC. in writing, these terms and conditions may not be amended by You.
* The statements on this website have not been evaluated by the U.S. Food & Drug Administration (FDA). These products are not intended to diagnose, cure, treat or prevent any disease.
