Terms & Conditions


PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE
USING THIS WEBSITE.
 By using this website, including purchasing products from this website, or
by clicking a box that states that you accept or agree to these terms, you signify your agreement to
these Terms & Conditions. If you do not agree to these terms of use, you may not use this website.
As used in these Terms & Conditions, “we” or “us” means Move Fitness Concepts, Inc. (collectively,
referred to as “MFC”) and “you” means the user of this website.
You agree that by using this website, you are at least 18 years of age, or visiting under the
supervision of a parent or guardian, and legally able to enter into a contract.
It is your responsibility to review these Terms and Conditions periodically. We reserve the right to
revise these Terms and Conditions at any time without notice to you. If you do not agree to these
terms and conditions, please do not use this site. 


Website


We grant you a limited license to access and use this website for your personal use, and to copy,
distribute, and transmit the content of this website only to the extent that such copying, distribution,
and transmission is automatically done through your browser software incidentally to using the
website for your personal use. This license does not include any resale or commercial use of this
website or its contents; any collection and use of any product listings, or descriptions; any derivative
use of this website or its contents; any downloading or copying of account information for the benefit
of another merchant; or any use of data mining, robots, or data gathering and extraction tools.


Except as permitted above, this website or any portion of this website may not be reproduced,
duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without
express written consent of Move Fitness Concepts, Inc. (collectively referred to as “MFC”). You may
not use any metatags or any other "hidden text" utilizing MFC name or trademarks without the
express written consent of MFC. Any unauthorized use terminates the permission or license granted
by MFC.


We reserve the right to change any information, features and functions of this website without prior
notice. We may refuse service, terminate accounts and/or deny access to any or all parts of this
website if you engage in any conduct or activities that we determine, in our sole discretion, violate
this Agreement, our rights or the rights of any third party. Use of the site for any illegal or
unauthorized purpose is strictly prohibited.


No Unlawful or Prohibited Use


As a condition of your use of this website, you warrant to us that you will not use this website for any
purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use this
website in any manner which could damage, disable, overburden, or impair this website or interfere
with any other party's use and enjoyment of this website. You may not obtain or attempt to obtain
any materials or information through any means not intentionally made available or provided for
through this website.


No Medical Advice

The information contained on this website, or provided at your request, is provided for informational
purposes only. While we may offer some products on this website that are classified as food,
beverage, or dietary supplements products regulated by the Food and Drug Administration, we do
not market or sell such products for the purposes of diagnosing, treating, curing or preventing any
disease. We do not recommend any particular form of medical treatment or that persons manage
their own health problems without the advice of a licensed health care practitioner. Information found
or received through this website should not be used in place of a visit with, call to, consultation or
advice from a health care provider. If you suspect you have a medical problem, or should you have
any health care related questions, please promptly call or see your health care practitioner. 


Products and Services


The products and services made available on this website are intended for personal use only. You
may not assign, transfer, re-market, resell or otherwise dispose of, such products and services
without obtaining MFC prior written consent. MFC and its suppliers may cancel or modify purchases
on the website if it appears that they are the result of fraudulent or inappropriate activity or under
other circumstances where it appears that the purchase contains or has resulted from a mistake or
error. Other terms and conditions included on this website, including return and shipping policies,
may apply to your purchase and are incorporated by reference herein. We may revise and
discontinue products at any time. We reserve the right to limit order quantity at any time without
notice. Prices and promotions are subject to change without notice.


Billing and Payment


Terms of payment are within our sole discretion, and unless otherwise agreed to by us, payment
must be received by us prior to our acceptance of an order. Payment for the products will be made
through PayPal or some other prearranged payment method unless credit terms have been agreed
to by us. Invoices are due and payable within the time period noted on the invoice, measured from
the date of the invoice. We may invoice parts of an order separately. Orders are not binding upon us,
until accepted by us. We reserve the right to refuse and refund any order or part of any order placed
on this web site. Any quotations given by us will be valid for the period stated on the quotation. You
agree to pay interest on all past-due sums at the highest rate allowed by law.


Shipping


Separate charges for shipping and handling will be shown on our invoice(s). Unless you provide us
with a valid and correct tax exemption certificate applicable to the product ship-to location prior to
our acceptance of the order, you are responsible for sales and all other taxes associated with the
order, however designated, except for our franchise taxes and taxes on our net income. If
applicable, a separate charge for taxes will be shown on our invoice.


Risk of Loss


Title to products passes from us to you on shipment from our facility. Loss or damage that occurs
during shipping by a carrier selected by us is our responsibility. Loss or damage that occurs during
shipping by a carrier selected by you is your responsibility. Title to software will remain with the
applicable licensor(s).

Accounts


Some services on the website permit or require you to create an account to participate or to secure
additional benefits. You agree to provide, maintain and update true, accurate, current and complete
information about yourself as prompted by our registration processes. You shall not impersonate any person or entity or misrepresent your identity or affiliation with any person
or entity, including using another person's username, password or other account information, or
another person's name, likeness, voice, image or photograph. You also agree to promptly notify us
at info@movefitness.com of any unauthorized use of your username, password, other account
information, or any other breach of security that you become aware of involving or relating to any
Site.


We may suspend or terminate your account and your ability to use the website or portion thereof for
failure to comply with these terms of use or any special terms related to a particular service, for
infringing copyright, or for any other reason whatsoever.


Forums / Blog / Social Media


“Forum” means an area, site or feature offered as part of this website that offers the opportunity for
users to post content for viewing by one or more website users, including a chat area, message
board, instant messaging, mobile messaging, social community environment, profile page,
conversation page, blog, e-mail function (including electronic greeting cards and send-a-friend e-
mails). Additionally, “Forum” includes any other website page created by MFC on one or more social
media pages, including, but not limited to Facebook, Twitter, and Pinterest.
You acknowledge that Forums and features offered therein are for public and not private
communications, and you have no expectation of privacy with regard to any content posted to a
public Forum. We cannot guarantee the security of any information you disclose through any of
these media; you make such disclosures at your own risk.
You agree to use the Forums only to post, send and receive messages and material that are proper
and related to a particular Forum. By way of example, and not as a limitation, you agree that when
using a Forum, you will not.

  • - Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy

  • and publicity) of others.

  • - Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing,

  • obscene, indecent or unlawful topic, name, material or information.

  • - Upload files that contain software or other material protected by intellectual property laws (or by rights

  • of privacy of publicity) unless you own or control the rights thereto or have received all necessary

  • consents.

  • - Upload files that contain viruses, corrupted files, or any other similar software or programs that may

  • damage the operation of another's computer.

  • - Advertise or offer to sell or buy any goods or services for any business purpose, unless such Forum

  • specifically allows such messages.

  • - Conduct or forward surveys, contests, pyramid schemes or chain letters.

  • - Download any file posted by another user of a Forum that you know, or reasonably should know,

  • cannot be legally distributed in such manner.

  • - Falsify or delete any author attributions, legal or other proper notices or proprietary designations or

  • labels of the origin or source of software or other material contained in a file that is uploaded.

  • - Restrict or inhibit any other user from using and enjoying a Forum.

  • - Violate any code of conduct or other guidelines which may be applicable for any particular Forum.

  • - Harvest or otherwise collect information about others, including e-mail addresses, without their

  • consent.

  • - Violate any applicable laws or regulations.

  • - You are and shall remain solely responsible for the content you post on or through the website under

your username or otherwise by you in any Forum and for the consequences of submitting and
posting same. We have no duty to monitor any Forum, although we reserve the right to review
material posted to a Forum and to remove any materials in our sole discretion. MFC and the
administrators of this website and any Forum on this website reserve the right to remove, edit, move
or close any content item for any reason, including, but not limited to, comments that are in violation
of the laws and regulations formed and issued pursuant to the Federal Food, Drug and Cosmetic
Act.


We reserve the right to terminate your access to any or all Forums at any time without notice for any
reason whatsoever. We owe you no obligation, and therefore may refuse to post, deliver, remove,
modify or otherwise use or take any action with respect to content you post on this website.
Also, you should be skeptical about information provided by others, and you acknowledge that the
use of any content posted on any Forum is at your own risk. For example, we are not responsible
for, and we do not endorse, the opinions, advice or recommendations posted or sent by users in any
Forum and we specifically disclaim any and all liability in connection therewith.

 


Disclaimers


EXCEPT AS OTHERWISE SPECIFICALLY PROVIDED, THE WEBSITE AND THE PRODUCTS
OFFERED ON THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND
WITHOUT WARRANTIES OF ANY KIND, UNLESS SPECIFICALLY SET WORTH OTHERWISE.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, MFC DISCLAIMS
ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT. MFC DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS
CONTAINED ON THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE
DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES THE
WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MFC
DOES NOT MAKE ANY WARRANTEES OR REPRESENTATIONS REGARDING THE USE OF
THE MATERIALS ON THE WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY,
ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. APPLICABLE LAW
MAY NOT ALLOW LIMITATIONS OR EXCLUSIONS ON WARRANTIES, SO THE ABOVE
LIMITATIONS MAY NOT APPLY TO YOU. 
MFC SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR
CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE,

THE WEBSITE OR MATERIALS ON THE SITE, EVEN IF MFC HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF
EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE
LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. 


Copyright


The technology underlying, and the entire contents of the website, including but not limited to text,
graphics, images, audio clips, digital downloads, data compilation or code is copyrighted as a
collective work under the United States and other copyright laws, and is the property of MFC and is
protected by copyright and other intellectual property or proprietary rights. The collective work
includes works that are licensed to MFC. Copyright MFC. All rights reserved.


Trademarks


All trademarks, service marks, and trade names of MFC on the website are trademarks or registered
trademarks of MFC, or of their respective owners.
Indemnification
You agree to indemnify, defend, and hold harmless MFC, its officers, directors, employees, agents,
licensors and suppliers from and against all losses, liabilities, expenses, damages, and costs,
including reasonable attorneys' fees, resulting from any violation of these terms and conditions, or
any activity related to use of the site (including negligent or wrongful conduct) by you or any other
person accessing the website using your Internet account.


Privacy


Registration data and certain other information about you are subject to our Privacy Policy. You
understand that the technical processing and transmission of this site may involve (a) transmissions
over various networks; and (b) changes to conform and adapt to technical requirements of
connecting networks or devices. For more information, see our privacy policy at:
www.movefitness.com/privacypolicy


Third-Party Links


The website may link to websites operated by third parties. MFC has no control over these linked
sites, all of which have separate privacy and data collection practices, independent of MFC. MFC is
not responsible for and does not endorse or accept any responsibility for the availability, contents,
products, services or use of any Third Party Site, any website accessed from a Third Party Site or
any changes or updates to such sites. These linked websites are only for your convenience and
therefore you access them at your own risk. You acknowledge that you bear all risks associated with
access to and use of content provided on a Third Party Site and agree that MFC is not responsible
for any loss or damage of any sort you may incur from dealing with a third party. You should contact
the website administrator for the applicable Third Party Site if you have any concerns regarding such
links or the content located on any such Third Party Site.

With respect to any private label arrangement between us and a third party, the Company and the
third party may also engage in Revenue Sharing, which means that your payment for any
subscription services on this site may be shared between the third party and the Company. The
terms of any private label partnership between us and any of our partners are confidential. You
agree to having your personally identifiable information shared with these third parties as set forth in
our Privacy Policy.


Applicable Law


Your use of this website shall be governed in all respects by the laws of the state of Florida, U.S.A.,
without regard to choice of law provisions.


Typographical Errors


In the event a product is listed at an incorrect price or with incorrect information due to typographical
error or error in pricing or product information received from our suppliers, MFC shall have the right
to refuse or cancel any orders placed for product listed at the incorrect price. MFC shall have the
right to refuse or cancel any such orders whether or not 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 MFC shall immediately issue a credit to your credit card account in the amount of the
charge. 


Termination


These terms and conditions are applicable to you upon your accessing this website. The provisions
relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification, and
Miscellaneous, shall in all events survive any termination of these Terms and Conditions.