1-844-FLUIDHF (358-4343)

Terms and Conditions

FLUID HEALTH AND FITNESS

FLUIDHEALTHANDFITNESS.COM

Welcome to the web site of Fluid Health & Fitness, LLC (“Fluid Health & Fitness”). Fluid Health & Fitness is pleased to make the web sites located at fluidhealthandfitness.com (e.g. www.fluidhealthandfitness.comblog.fluidhealthandfitness.com) (the “Sites”) available for your use and benefit. By using the Sites you agree to be bound by the Terms of Use set forth below. Use of the Sites is strictly voluntary. If you do not agree to these Terms of Use and the Privacy Policy, you must immediately log off the Sites and may not use the Sites.

These Terms of Use apply to your access to and use of the Sites and do not alter in any way the terms and conditions of any other agreement you may have with Fluid Health & Fitness, unless otherwise directed by Fluid Health & Fitness. If you breach any of these terms and conditions, your authorization to use the Sites automatically terminates and you must immediately discontinue use of the Sites.

COLLECTION OF VISITOR INFORMATION

Any information collected at the Sites is governed by our Privacy Policy, unless otherwise stated. To access and use certain services available through the Sites, you may be required to register with Fluid Health & Fitness through a login/registration page and you must agree to be bound by any additional applicable terms and conditions contained there.

COPYRIGHT

All content, software, and technology included on the Sites or used in the operation of the Sites is the owned or licensed property of Fluid Health & Fitness or its content, software, and technology suppliers, and is protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all content on the Sites is the exclusive property of Fluid Health & Fitness and protected by U.S. and international copyright laws. Fluid Health & Fitness grants you permission to view and use content, software, and technology made available to you on the Sites in connection with your own personal, noncommercial use of the Sites. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the content, software, and technology on the Sites is strictly prohibited.

TRADEMARKS

The trademarks, service marks, trade dress, and “look and feel” (the “Trademarks”) used and displayed on the Sites are registered and unregistered Trademarks of Fluid Health & Fitness and others. Nothing on the Sites shall be construed as granting any license or right to use any Trademark displayed on the Sites without the prior written permission of the Trademark owner. Other product and company names mentioned in the Sites may be the Trademarks of their respective owners.

OTHER INTELLECTUAL PROPERTY

All other intellectual property rights related to the content, software, and technology included on the Sites or used in the operation of the Sites, including without limitation, patents, trade secrets, trade dress, publicity rights, character rights, titles, and artistic and moral rights are the owned or licensed property of Fluid Health & Fitness. Any use of these rights without the prior written permission of Fluid Health & Fitness is strictly prohibited.

ACCURACY

Information on the Sites may contain typographical errors, inaccuracies, or omissions in relation to services, pricing, locations, descriptions, information, and other matters. Fluid Health & Fitness reserves the right to correct any errors, inaccuracies, or omissions and to discontinue, change or update information at any time without prior notice. If Fluid Health & Fitness discovers price errors, they will be corrected on Fluid Health & Fitness’s systems, and the corrected price will apply to your order.

DISCLAIMER OF WARRANTIES

THE SITES AND ALL CONTENT, MATERIALS, PRODUCTS AND SERVICES AVAILABLE THROUGH THE SITES ARE PROVIDED ON AN “AS IS, WITH ALL DEFECTS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE. FLUID HEALTH & FITNESS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, NON-INFRINGEMENT, AND IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, ACCURACY OF INFORMATIONAL CONTENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE. FLUID HEALTH & FITNESS MAKES NO REPRESENTATION THAT THE SITES OR ANY CONTENT IS FREE FROM ERRORS, VIRUSES, BUGS, OR OTHER HARMFUL COMPONENTS. FLUID HEALTH & FITNESS MAKES NO REPRESENTATION OR WARRANTY THAT CONTENT PROVIDED ON THE SITES IS APPLICABLE OR APPROPRIATE FOR USE IN LOCATIONS OUTSIDE OF THE UNITED STATES. NOTHING IN THESE TERMS OF USE OR IN ANY ORAL OR WRITTEN DESCRIPTION OF THE SITES WILL CONSTITUTE A REPRESENTATION OR WARRANTY WITH RESPECT TO THE SITES.

YOU ACKNOWLEDGE, BY YOUR USE OF THE SITES, THAT SUCH USE IS AT YOUR SOLE RISK.

LIMITATION OF LIABILITY

IN NO EVENT SHALL EITHER FLUID HEALTH & FITNESS OR ITS AFFILIATES, FRANCHISEES, OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITES OR THE SERVICES AVAILABLE THROUGH THE SITES, WHETHER BASED ON CONTRACT, TORT, WARRANTY, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.

Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you may have additional rights.

Under no circumstances whatsoever shall Fluid Health & Fitness’s aggregate liability resulting from or relating to your use of the Sites exceed Five Dollars ($5.00).

PROHIBITED ACTIVITIES & VISITOR OBLIGATIONS

As a visitor or user of the Sites you shall not:

violate any applicable law or regulation;

upload, post, use, transmit, or otherwise make available, including by e-mail, (each, a “Post”) any content or information that is false or inaccurate;

Post any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, or content that could otherwise be considered to be objectionable;

impersonate or use the identity of another person or organization, or falsely state or otherwise misrepresent your affiliation with a person or organization;

engage in any activities or manipulate identifying material to misrepresent the origin of content;

Post any content that is subject to any disclosure restrictions;

Post any materials, items, information or content that infringes or otherwise violates any patent, copyright, trademark, or any other intellectual property rights;

Post any unsolicited or unauthorized advertising or promotional materials, including without limitation, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;

use the Site to disseminate any information or content, including by e-mail, that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, or information or content that could otherwise be considered to be objectionable;

Post any material that contains software viruses or any other corrupt computer code, files or programs that impair the use of any computer software or hardware or telecommunications equipment;

interfere with or otherwise limit the use of the Sites by other users; or collect, compile, or store personal information about other users of the Sites;

disrupt or interfere with the operation of the Sites by overloading or exceeding the capacity of the Sites or the systems resources; accounts; usernames and passwords; servers; or networks connected to or accessible through the Sites or any affiliated or linked sites;

disrupt or interfere with the security of, or otherwise cause harm to, the Sites or the systems resources; accounts; usernames and passwords; servers; or networks connected to or accessible through the Sites or any affiliated or linked sites;

use any robot, spider, other automatic device, or manual process to “screen scrape,” monitor, “mine,” or copy the web pages on the Sites or the content contained therein without Fluid Health & Fitness’s prior, express, and written permission; or

use the Sites for commercial purposes.

You agree that you are solely responsible for the Post of any content that you make available on or send through the Sites (“User Content”). In addition to the rights granted to Fluid Health & Fitness elsewhere in these Terms of Use, you hereby grant Fluid Health & Fitness the irrevocable right to copy and use User Content in connection with the Sites and for the purposes related to your Post of the User Content. Although Fluid Health & Fitness has no obligation to screen, edit or monitor any of the User Content or user conduct on the Sites, Fluid Health & Fitness reserves the right, and has absolute discretion, to remove, screen or edit any User Content and to monitor any user conduct on the Sites at any time and for any reason without notice. Your User Content may be available on the Sites for a limited period of time, as determined by Fluid Health & Fitness in its sole discretion. You are solely responsible for creating backup copies and replacing any of your User Content at your sole cost and expense.

By the Post of User Content to the Sites, you represent and warrant that (a) the User Content is non-confidential is not subject to disclosure restrictions under any applicable data privacy laws or regulations; (b) you have all necessary rights to Post the User Content to the Sites and to grant the rights to Fluid Health & Fitness you grant in these Terms of Use; (c) the User Content is accurate and not misleading or harmful in any manner; (d) the User Content, and your use and the Post thereof in connection with the Sites, does not and will not violate these Terms of Use or any applicable local, state, national or international statute, regulation, or law.

INDEMNIFICATION

You agree to indemnify, defend, and hold Fluid Health & Fitness and its successors and assigns harmless from and against and in respect of any and all third party claims, demands, losses, costs, expenses, obligations, liabilities, damages, recoveries, and deficiencies, including interest, penalties, and reasonable attorneys’ fees that Fluid Health & Fitness incurs or suffers which relate to your use of the Sites, your failure to perform any of your obligations under these Terms of Use, or your breach of any of your representations or warranties made under these Terms of Use.

LINKS TO OTHER WEB SITES

The Sites may contain links to other web sites. Additionally, other web sites may contain links to the Sites. Fluid Health & Fitness does not review or monitor the web sites linked to the Sites and Fluid Health & Fitness is not responsible for the content or policies of any other web sites. Any link established by Fluid Health & Fitness does not constitute an endorsement of the other web sites or create a relationship between Fluid Health & Fitness and the operators of other web sites. Fluid Health & Fitness disclaims any liability with respect to your use of any other web site, and you release Fluid Health & Fitness from any liability related to your use of any link to another web site or your use of any other web site. Where the Sites contains a link to another web site owned and/or operated by Fluid Health & Fitness, such web site use may be subject to different and additional terms of use and privacy policy terms and conditions.

CHANGES TO TERMS OF USE

Fluid Health & Fitness may revise these Terms of Use at any time without notice. Any use of the Sites following the date on which changes to these Terms of Use or the Privacy Policy are published on the Sites shall constitute your acceptance of all such changes. You expressly agree that Fluid Health & Fitness shall have no obligation to provide you with any notice of any changes, and you hereby expressly waive any right you may have to receive notice of any changes to these Terms of Use or the Privacy Policy.

YOUR ACCOUNT

If you are a registered user of any of the Sites, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password. Fluid Health & Fitness reserves the right, without notice and in its sole discretion, to refuse or restrict access or service, terminate accounts, or remove or edit content.

PAYMENT

You authorize Fluid Health & Fitness and any payment processing service provider it may engage to charge your credit card, or to debit or process payment through any other offered means, for any products or services you purchase through your use of the Sites. You represent and warrant that you are the only one who will make payments in connection with the Sites, and you shall be responsible for any and all uses of your credit card, debit card, or any other payment means used in or under your name. Unless otherwise specified, any amounts paid to Fluid Health & Fitness are nonrefundable, yes.

FITNESS CLUB OWNERS, EMPLOYEES, TRAINERS OR OTHER CONTRACTORS

THIS SECTION OF THESE TERMS OF USE APPLY ONLY IF YOU ARE AN FLUID HEALTH & FITNESS® CLUB OWNER, EMPLOYEE, OUTSIDE TRAINER OR OTHER CONTRACTOR WHO IS ALSO GIVEN ACCESS TO THE DATA OF OTHER USERS. You may use your ability to access data applicable to other persons (“Member Data”), and use the Member Data that is disclosed to you, solely for the purposes of providing assistance to the other person in that person’s use of the Sites or FLUID HEALTH & FITNESS® Club facilities or services. You must take all reasonable measures to prevent Member Data from being exposed or disclosed to others. You may not disclose any Member Data to any other person without the prior consent of Fluid Health & Fitness. You acknowledge that in the event any Member Data in your possession or control is exposed or disclosed without authority, whether by your fault or not, Fluid Health & Fitness may be required to give notice of such exposure to the affected members and to law enforcement authorities. You will be deemed responsible for any losses suffered by Fluid Health & Fitness or by a member which are caused by your negligent, intentional, or malicious acts regarding violation of your obligations in this paragraph.

GENERAL PROVISIONS

English has been used in the preparation of these Terms of Use, and English shall be the controlling language with respect to these Terms of Use and their interpretation.

Any failure by Fluid Health & Fitness to enforce any provision of these Terms of Use shall not be construed as a waiver of any provision or the right to enforce same.

These Terms of Use shall be governed by the laws of the State of Minnesota without giving effect to any principles or conflicts of laws. For the purpose of resolving conflicts relating to or arising out of these Terms of Use, or arising out of any other dispute or claim associated with Fluid Health & Fitness, you irrevocably and unconditionally: (i) consent to submit to the exclusive jurisdiction of the state and federal courts in the State of Minnesota (the “Minnesota Courts”) for any litigation or dispute arising out of or relating to these Terms of Use; (ii) agree not to commence any litigation arising out of or relating to these Terms of Use except in the Minnesota Courts; (iii) agree not to plead or claim that such litigation brought therein has been brought in an inconvenient forum; and (iv) agree the Minnesota courts represent the exclusive jurisdiction for all disputes relating to these Terms of Use.

If any portion of these Terms of Use is held to be invalid, such holding shall not invalidate the other provisions of these Terms of Use.

Use of the Sites is unauthorized in any jurisdiction that does not give full effect to all provisions of these Terms of Use, including without limitation this paragraph and the warranty disclaimers and liability exclusions above. Use of the Sites is unauthorized in any jurisdiction where all or any portion of the Sites may violate any legal requirements and you agree not to access the Sites in any such jurisdiction.

You are responsible for compliance with applicable laws.

SUBMISSIONS

Any and all questions, comments, suggestions, and similar materials or information that you send or submit to Fluid Health & Fitness or a third party provider on the Sites, by a Post or otherwise (collectively, “Submissions”), shall become Fluid Health & Fitness’s property; and you hereby transfer, sell, and assign to Fluid Health & Fitness all of your right, title, and interest in and to any such Submissions, including without limitation, any and all related patent, copyright, trademark, and other intellectual property rights. Fluid Health & Fitness has no obligation of any kind whatsoever to maintain any confidentiality with respect to any such Submissions. Fluid Health & Fitness shall be free to use them for any purpose whatsoever without providing you notice or receiving your consent, and without restriction or compensation.

PURCHASES

The Site may offer you the opportunity to order products.  In some situations, the Site may transfer you to a third party who sells products or processes payments on our behalf. This “Purchases,” states additional terms that apply to such orders.

Product Availability and Pricing.  Not all products are available in all models and colors. When you order a product, the price will be made clear during the order process. All prices are in U.S. Dollars.  You agree to pay the price that is stated in your order, as well as any applicable taxes and shipping expenses, where applicable. While we try to provide accurate pricing information on the Site, a price stated on a Site occasionally may be in error.  If we discover such an error, we will attempt to notify you using the contact information provided in connection with your order, and we will give you the choice to cancel your order or pay the correct price.

Product Descriptions.  We try to be accurate when we describe and depict products on the Site.  However, we cannot guarantee that images we provide will be displayed properly on your device, or that our product descriptions and images will always be complete, reliable, current and error-free. If you purchase a product from the Site that you believe is not as described or depicted, you may return it to the extent provided in the applicable return policy.

Taxes. Purchases through the Site may be subject to taxes in certain states. Tax rates are different from state to state. You are responsible for paying all such taxes.

Discounts and Promotions. The specific terms of any discounts or other promotions are stated at the time they are offered.  Promotions cannot be combined unless we specifically state otherwise. Eligibility for any promotions is determined at the time of your order.

Ordering. When you click the “Place Order” button on the Site, you make an offer to buy the relevant products.  While we may confirm receipt and processing of orders by email, such confirmation does not constitute our acceptance of your order.  We cannot guarantee that all items displayed on your order confirmation will be in stock at the time your order is shipped. We reserve the right to reject or cancel any order, in whole or in part, at any time prior to shipping. If we do, we will attempt to notify you using the contact information provided in connection with your order. You agree not to try to exceed stated quantity limits (except where specifically noted), violate the terms of any specific offer or promotion, or place orders through the Site if we have notified you that you are prohibited from placing orders through the Site.

Payment. We accept only the payment methods indicated on the Site. When you provide payment information, you represent that the information is accurate and that you are authorized to use the payment method provided. If your payment method has expired or is otherwise invalid when we try to charge it, you remain responsible for payment, and for all costs we incur in collecting any unpaid amounts, including, but not limited to, attorney and collections fees.

Shipping to our Retail Customers. Shipping options and applicable charges will be stated during the order process. The U.S. Postal Service delivers to P.O. boxes, but this method may delay your order. Please note that Next Business Day and 2nd Business Day shipping options are not available for delivery to P.O. boxes. We will send you emails with updates on your order’s status as they become available. Additional charges may apply for shipments to Alaska and Hawaii.

Shipping to addresses outside the U.S. is available on a limited basis and may be subject to additional terms, fees, and restrictions. Such information will be provided during the checkout process. If you have any questions or require additional information about shipping to addresses outside the U.S. please contact us using the information in the “How to Contact Us” section, below.

Stated shipping times and delivery estimates are only estimates and are not binding. If a product becomes unavailable between ordering and processing, we will cancel your order and attempt to notify you using the contact information provided in connection with your order. Legal title to products, and the risk of loss or damage to the products, is transferred to you when products are provided to the carrier. You will be responsible for filing any claims with the carrier for damaged and/or lost shipments.

Returns. Return policies are posted on the relevant Site.  We reserve the right to refuse to issue a refund or credit, and the right to recover the cost of return delivery from you, if any product you return (1) is not eligible for return, in accordance with the relevant return policy or the terms of any specific offer or promotion, or (2) is found to have suffered damage after delivery to you, including as a result of having been misused by you. We take legal title to returned products only after they arrive and are processed at our designated returns location.

Return terms and policies may vary. Please check the return policy of the Site where you are making a purchase for additional details. Where the Return terms and policies are different for a particular site from what is stated above in these Terms, those specific Return terms and policies will control.

CONTACT

For questions or comments related to the Sites or these Terms of Use, please email us at admin@fluidhealthandfitness.com.