Terms of Use

Date of last revision: January 3, 2014

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE. By accessing or using this website (this "Website") on any computer, mobile phone, tablet, console or other device (collectively, "Device"), you signify that you have read, understand and agree to be bound by these Terms of Use and any other applicable law.  Fit Four may change these Terms of Use at any time without notice, effective upon its posting to the Website. Your continued use of the Website shall be considered your acceptance to the revised Terms of Use. If you do not agree to these Terms of Use, please do not use the Website.

Physical Activity Notice
The Website may include features that promote physical activity.  Please consider the risks involved and consult with your medical professional before engaging in any physical activity.  Fit Four is not responsible or liable for any injuries or damages you may sustain that result from your use of, or inability to use, any product offered on our Website. 

Intellectual Property
All intellectual property on the Website is owned by Fit Four. All trademarks, service marks and trade names are owned, registered and/or licensed by Fit Four. All content on the Website, including but not limited to text, software, scripts, code, designs, graphics, photos, sounds, videos, applications, interactive features and all other content ("Content") is a collective work under the United States and other copyright laws and is the proprietary property of Fit Four; All rights reserved.

Website Use Restrictions
You may use the Content only for your own non-commercial use to participate in the Website or to purchase Fit Four products. You agree not to modify, copy, translate, broadcast, perform, display, distribute, frame, reproduce, republish, download, display, post, transmit or sell any Intellectual Property or Content appearing on the Website without Fit Four's prior written consent. You agree not to use any data mining, robots, scraping or similar data gathering methods. Nothing in these Terms of Use shall be interpreted as granting any license of intellectual property rights to you.

Product Orders
All orders placed through the Website are subject to Fit Four's acceptance. This means that Fit Four may refuse to accept or may cancel any order, whether or not the order has been confirmed, for any or no reason, and without liability to you or anyone else. If your credit card has already been charged for an order that is later cancelled, you will be issued a refund.

Links
Fit Four’s Website may contain links to websites, applications or other products or services operated by other companies ("Third Party Websites").  Fit four does not endorse, monitor or have any control over Third Party Websites, which have separate terms of use and privacy policies.  Fit Four is not responsible for the content or policies of Third Party Websites and you access such Third Party Websites at your own risk.

Privacy
Our Privacy Policy (see the link on our website) which is incorporated into these Terms of Use by this reference, further describes the collection and use of personal information on this Website.

Warranty Disclaimer
The Website, Content and the materials and products on this Website are provided "AS IS" and without warranties of any kind. To the fullest extent permitted by applicable law, Fit Four disclaims all warranties, express or implied, including, but not limited to, implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. Fit Four does not promise any specific results from use of any Product on the Website. Fit Four does not represent or warrant that your use of the Website will be uninterrupted or error-free, that any defects will be corrected, or that the Website or the server that makes the Website available are free of viruses or anything else harmful. To the fullest extent permitted by applicable law, Fit Four does not make any warranties or representations regarding the use of the materials or Content on the Website in terms of their correctness, accuracy, adequacy, reliability or otherwise.  You understand and agree that you download or otherwise obtain Content at your own risk, and that you will be solely responsible for your use and any damage to your mobile Device, computer system or other Device on which you access the Website, loss of data or other harm of any kind that may result.  Fit Four reserves the right to change any and all Content and other items used or contained on the Website at any time without notice.

Limitation of Liability
FIT FOUR SHALL NOT BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA, THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE WEBSITE OR THE PERFORMANCE OF THE PRODUCTS PURCHASED THROUGH THE WEBSITE, EVEN IF FIT FOUR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE WEBSITE. YOUR ONLY REMEDY AGAINST FIT FOUR FOR USE OF THE WEBSITE OR ANY CONTENT IS TO STOP USING THE WEBSITE. THAT SAID, IF FIT FOUR IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH IS IN ANY WAY CONNECTED WITH YOUR USE OF THE WEBSITE OR ANY CONTENT, FIT FOUR'S LIABILITY SHALL NOT EXCEED THE LESSER OF (I) THE PURCHASE PRICE OF ANY PRODUCTS PURCHASED ON THE SITE BY YOU, OR (II) US$100.00. 

Miscellaneous
You agree that this Website is deemed a passive website solely based in Utah, USA, which does not give rise to personal jurisdiction over Fit Four in jurisdictions other than Utah. You agree that this Website, Terms of Use, Privacy Policy and any dispute between you and Fit Four shall be governed in all respects by Utah law, without regard to choice of law provisions. All disputes, claims and legal proceedings directly or indirectly arising out of or relating to this Website (including any purchase of Fit Four products) shall be resolved and exclusively in the state or federal courts located in Salt Lake County, Utah.

Severability
If any provision in these Terms of Use is held invalid, the remainder of these Terms of Use shall continue to be enforceable. If any provision in these Terms of Use is deemed unlawful, void or unenforceable, then that provision is deemed severable from these Terms of Use and the remaining provisions are still valid and enforceable.

Termination
Fit Four reserves the right in its sole discretion to restrict your use of all or any part of the Website for any or no reason, without notice, and without liability to you or anyone else.  Fit Four also reserves the right to block users from certain IP addresses or Device numbers and prevent access to the Website.