Terms of Use
Last updated April 1, 2014
Introduction
Welcome to the FitBump LLC (“FitBump”) website (“Site”). Our Site is provided as a service to our customers. Please read these Terms of Use (“Terms”) carefully. By accessing or using our Site, you are agreeing to comply with these Terms.
We may amend these Terms from time to time without notice other than posting the amended Terms on the Site. Your continued use of our Site after any amendments to these Terms will constitute your agreement to those amendments. We reserve the right to change or discontinue the Site, including any and all content contained on the Site, and products and services offered on the Site, at any time without notice.
Registration, Password and Suspension/Termination of Account/Access
If any portion of our Site requires you to register or open an account you may be required to choose a user name and a password. You are responsible for ensuring that your account, user name, and password remain confidential. You are responsible for all activities that occur under your account and with your user name and password. You must notify us of any unauthorized use of your account, user name, or password. When you submit information to our Site, you must provide true, complete and current information and keep the information updated. You are prohibited from using any other person’s account without the account holder’s authorization.
To ensure the security of our Site and your account, we may take any action that we deem appropriate, including suspending or terminating your account, changing your user name or password (or both), or asking you to provide certain information to authorize transactions on your account. We reserve the right to suspend or terminate your access to our Site, at any time and in our sole discretion, for any reason and without notice to you. FitBump will not be liable for any harm arising out of a breach of the confidentiality of your account, user name or password, any unauthorized access to your account, or any action or inaction by us.
Site Content, Trademarks, and Copyright
Trademarks that are displayed or used on our Site are owned by FitBump or by third parties that present products and services on or through our Site. You may not use or copy our trademarks without our prior written authorization. Our logos, graphics, page headers, text, images, photographs, designs, illustrations, video clips, products, and services, as well as other information and materials on our Site (collectively, “Content”) are protected by copyright, trademark, trade dress, and other laws protecting intellectual property. You may not copy, transmit, publish, modify, adapt, translate, create derivative works from, imitate, sell, distribute, or use or exploit in any way, the Content without our prior written authorization. However, you may access our Site and its Content, and you may download or copy the Content, for your personal, non-commercial use only. No right, title, or interest in any downloaded Content is transferred to you as a result of any such downloading or copying.
The Content on this Site does not constitute medical advice. You should consult your doctor before beginning any exercise or fitness program (including weight, strength, or resistance training), or nutrition program. FitBump assumes no liability for any medical or health problems that result from your engaging in any activities described on the Site or from any information you obtain from the Site. If you ever feel discomfort or pain, you should not continue.
NOTICE OF CLAIMED COPYRIGHT INFRINGEMENT
If you believe that any Content on our Site infringes your copyright, please submit a written report to us with the following information:
- A clear identification of the copyrighted work you claim was infringed upon;
- A description of where the material you claim is infringing is located on our Site;
- Your address, telephone number, and e-mail address;
- A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and
- A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest.
Notices of claims of copyright infringement on our Site should be emailed or mailed to:
President, FitBump LLC, 34 Desbrosses Street, Suite 635, New York, NY 10013
Email: customerservice@fitbump360.com
This procedure is exclusively for notifying FitBump that your copyrighted material has been infringed. Infringing activity, whether or not it is repeated, may result in termination of the offender’s account or access to our Site.
Errors, Inaccuracies, and Omissions
Occasionally there may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability, or activities or events. We reserve the right, at any time (including after you have submitted an order), to correct any errors, inaccuracies, or omissions and to change or update information or cancel orders if any information on the Site is inaccurate.
Links to Other Websites and Services
Our Site may contain links to websites that FitBump does not operate or control. We assume no liability with respect to products and services offered or purchased on or through those websites. The inclusion of links to other websites should not suggest an endorsement by FitBump of those websites or the content on those websites.
User Comments
You may post comments and other Content on our website, as long as the Content does not infringe anyone’s intellectual property rights and is not illegal, threatening, obscene, or otherwise objectionable and does not contain or consist of computer viruses or other malware, spam, chain letters, mass mailings, commercial solicitation, proselytizing, or political campaigning. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead as to the origin of any comments or other Content.
If you post comments or other Content on our website, you hereby represent that you own or otherwise control all of the rights to the comments or other Content that you post, and that the posting and use of your comments and other Content will not cause injury to any person or entity, and will not violate these Terms. You hereby grant FitBump a perpetual, irrevocable, non-exclusive, sub-licensable, and royalty-free right and license to use, transmit, publish, reproduce, modify, adapt, translate, create derivative works from, distribute, and display your comments or other Content worldwide with no payment or compensation to you, and to incorporate your comments and Content in other works in any form, media, or technology. You also authorize any user of our Site to access, display, view, reproduce, store, distribute, and prepare derivative works of your comments and Content that you have posted in publicly accessible areas of our Site. No compensation will be paid to you or to any other person or entity in connection with the posting or use of your Content.
We are not obligated to post or use any Content you may submit. We may remove your Content from our Site in our sole discretion and at any time.
Other than information necessary to place an order, any information, comments, or Content that you provide us or post on our Site will be deemed non-confidential. Do not provide us or post on our Site any confidential or proprietary information or trade secrets.
You represent that the Content you post on our Site is accurate, that it will not cause damage or harm to anyone, and that you own or otherwise control the rights to that Content. FitBump is not responsible, and assumes no liability, for any Content posted by you or any third party.
We do not generally pre-screen or control Content posted by users on our Site. As a result, we cannot guarantee the accuracy or quality of Content posted on our Site. However, we have the right, but not the obligation, in our sole discretion, to refuse, monitor, or remove any Content on, or available through, our Site, for any or no reason, including that the Content is objectionable, and to bar offenders from our Site permanently. We are not responsible for, and assume no liability for, any Content uploaded, downloaded, or transmitted by you or any third party.
You agree to indemnify, defend, and hold FitBump and its members, managers, officers, employees, and agents harmless against all claims, losses, liabilities, litigation expenses (including attorney fees), and judgments arising out of or related to your use of our Site (including the transmission or posting of your comments or other Content, and allegations that you infringed on someone else’s intellectual property rights) and/or your breach of any representation or other provision of these Terms. These obligations will survive any termination of your use of our Site. We reserve the right to assume the defense and control of any litigation or other matter subject to indemnification by you.
Personal Information Submitted Through the Website
Your submission of personal information through this Site is governed by our Privacy Policy, which can be reached by clicking on the “Privacy Policy” link located in the footer section of the website. These Terms incorporate by reference the terms of the Privacy Policy.
Product Information
Products displayed on our Site may have limited quantities and are subject to return or exchange only through our Site according to the Returns and Exchanges Policy, which can be reached by clicking on the “Returns and Exchanges Policy” link located in the footer section of our Site. This Agreement incorporates by reference the terms of the Returns and Exchanges Policy.
Colors
We have made every effort to display as accurately as possible the colors of our products that appear on our Site. We cannot guarantee that your computer monitor’s display of any color will be accurate.
Site Transactions
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card or orders that use the same billing address or shipping address or both. If we make a change to or cancel an order, we will try to notify you by contacting the e-mail address, billing address, or phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that appear to us to be placed by dealers, resellers, or distributors.
Disclaimer
The materials on our Site are provided “as is” without warranties of any kind, either express or implied, including without limitation, warranties of title, implied warranties of merchantability, fitness for a particular purpose, or non-infringement of intellectual property. We expressly disclaim any duty to update or revise the materials on our Site, although we may modify the materials at any time without notice. Your use of our Site is at your own risk, and you assume full responsibility for any costs associated with your use of our Site. We assume no liability for damages arising out of or related to the use of our Site or any website linked to it. This limitation of liability applies to direct, indirect, consequential, special, punitive, or other damages you or others may suffer, as well as damages for lost profits, business interruption, or the loss of data or information, even if we are notified in advance of the potential for any such damages.
Choice of Law
The laws of the State of New York (without giving effect to its conflicts of law principles) govern all matters arising out of or related to these Terms and all of the transactions that the Terms contemplate, including, without limitation, the interpretation, construction, performance, and enforcement of these Terms.
Dispute Resolution and Forum Selection
If there is a dispute, claim, or action, arising out of or related to any transaction conducted on the Site, or the validity, interpretation, alleged breach, or enforcement of these Terms (“Dispute”), the party asserting the Dispute shall first try in good faith to resolve such Dispute by providing written notice to the other party (by first class mail or certified mail, return receipt requested) describing the facts and circumstances (including any relevant documentation) of the Dispute and allow the receiving party 30 days in which to respond or settle the Dispute. Notice shall be sent (1) to FitBump at: FitBump LLC, 34 Desbrosses Street, Suite 635, New York, NY 10013, Attention: President; or (2) to you at: your last-used billing address or the billing or shipping address in your online profile. Both FitBump and you agree that this dispute resolution procedure is a condition that a party must satisfy before initiating any litigation or filing any claim against the other party.
A party bringing an action or proceeding against the other party arising out of or related to (a) these Terms or (b) the transactions that these Terms contemplate or (c) both, shall bring the action or proceeding (i) in the United States District Court for the Southern District of New York; or (ii) in any court of the State of New York sitting in New York County, if there is no federal subject matter jurisdiction.
You must bring any such action or proceeding within one year after your claim arises.
Each party consents and submits to the exclusive jurisdiction of (i) the United States District Court for the Southern District of New York and its appellate courts; and (ii) any court of the State of New York sitting in New York County and its appellate courts, for the purposes of all actions and proceedings arising out of or related to these Terms and all of the transactions that these Terms contemplate.
Each party waives, to the fullest extent permitted by law, (a) any objection that he, she, or it may now or later have to the laying of venue of any action or proceeding arising out of or related to (i) these Terms or (ii) the transactions that these Terms contemplate or (c) both, in the United States District Court for the Southern District of New York or any court of the State of New York sitting in New York County; and (b) any claim that any action or proceeding brought in any such court has been brought in an inconvenient forum.
Other Matters
These Terms constitute the entire agreement between us related to your use of our Site. The provisions of these Terms may not be explained, supplemented, or qualified by our course of conduct or dealing, or by trade usage. We may assign our rights and duties under these Terms to any person or entity at any time without notice to you. You may not assign your rights and duties under these Terms to any person or entity without FitBump’s prior written consent. These Terms do not provide any third party with a claim or a remedy. If a court finds that any provision of these Terms is unenforceable for any reason, that provision will be deemed severable from these Terms and will not affect the validity and enforceability of the remaining provisions.