Terms and Conditions
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE. YOU HAVE ACKNOWLEDGED YOUR ACCEPTANCE BY USING THIS SITE.
The content of this website includes copyrighted materials, trademarks and other proprietary information, which may include, without limitation, text, software, photos, video, audio visual recordings, graphics, music, and sound. The selection, coordination, arrangement, and enhancement of such content, as well as in the content original to Stayfit are protected by copyright. All rights are reserved. Use of any of our trademarks, service marks, or names as metatags on other web sites is prohibited.
You agree not to encumber, license, modify, publish, copy, sell, transfer, transmit, or in any way exploit, any of the content on this web site, nor will you attempt to do so. You agree not to copy, redistribute, publish or otherwise exploit material which you download from this web site without the express prior written permission of Stayfit.
You further agree and acknowledge that you shall not acquire any ownership rights by downloading material from this web site.
Content on this site is Stayfit proprietary information or the proprietary information of the party that provided the information to us. Stayfit or such other parties retain all rights, title, and interest in that material and content. You may not copy, distribute, republish, upload, post, or transmit this content without getting our approval in writing first.
If you modify or use the site in ways that Stayfit has not approved in writing, you violate our intellectual property rights.
If you make a Submission, you represent and warrant that you own or otherwise control the rights to your Submission. You further represent and warrant that such Submission does not constitute or contain software viruses, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false email address, impersonate any person or entity, or otherwise mislead us as to the origin of any Submission. You agree to indemnify us for all claims arising from or in connection with any claims to any rights in any Submission.
Stayfit may offer features through the Stayfit site that enable you to post information and materials publicly, for example, bulletin boards, chat areas, and similar forums (collectively referred to herein as "Forums"). All of the rules of conduct described in the Submission Section above apply to the Forums. Additionally, without Stayfit's expressed prior written consent, you may not use the Forums for any commercial purposes, including the promotion or advertisement of any goods, services or opportunities, and you may not use the Forums to solicit other Stayfit site visitors or users to visit or become members of, subscribe to or register with any commercial online service or other organization.
When you submit or make available any information or materials through the Forums or otherwise through any Stayfit site ("Submissions"), you acknowledge and agree that those Submissions will be non-proprietary and non-confidential, may be made available to the general public, and may be used by Stayfit without restriction. You grant to Stayfit the worldwide, perpetual, royalty-free, irrevocable, nonexclusive right and license, sublicensable through multiple tiers, without compensation to you, to use, reproduce, distribute (through multiple tiers), adapt (including without limitation edit, modify, translate and reformat), create derivative works of, transmit, publicly display, publicly perform, digitally perform, make, have made, sell, offer for sale and import all Submissions, in any media now known or hereafter developed, for any purpose whatsoever, commercial or otherwise. You represent and warrant that you have all rights necessary for you to grant the licenses granted in this section with respect to each Submission, and that your provision of Submissions through the Forums or otherwise through the Stayfit site complies with all applicable laws, rules and regulations. You further irrevocably waive any "moral rights" or other rights with respect to attribution of authorship or integrity of materials regarding any Submission that you may have under any applicable law or under any legal theory. This section will survive termination of this Agreement for any reason.
We reserve the right, at our sole discretion, to edit any Submission and to choose to include or not include such Submission in the Forums or otherwise in the Stayfit site. The Forums include the opinions, statements and other content of third parties. We are not responsible for screening, monitoring or verifying such content, including such content's accuracy, reliability or compliance with copyright or other laws. Any opinions, statements or other materials made available by third parties through the Forums or otherwise through the Stayfit site are those of such third parties and not of Stayfit, and Stayfit does not endorse any such opinions, statements or materials. We may remove objectionable statements or other content from the Stayfit site at any time if we deem removal to be warranted. Please understand that removal or editing of any Submission or other materials may not occur immediately.
You acknowledge and agree that Stayfit has no control over, and shall have no liability for any damages resulting from, the use (including without limitation re-publication) or misuse by any third party of information voluntarily made public through the Forums or any other part of the Stayfit site.
IF YOU CHOOSE TO MAKE ANY OF YOUR PERSONALLY IDENTIFIABLE INFORMATION OR OTHER INFORMATION PUBLICLY AVAILABLE THROUGH THE FORUMS OR OTHERWISE THROUGH THE STAYFIT SITE, YOU DO SO AT YOUR OWN RISK.
Sweepstakes, and Contests, and Similar Promotions
Any sweepstakes, contest, or similar promotion made available through the Stayfit site may be governed by specific rules that are separate from this Agreement. By participating in any such sweepstakes, contest, or promotion, you agree to become subject to those rules, which may vary from the terms and conditions set forth herein. Stayfit urges you to read the applicable rules, if any, which will be linked from the particular activity, and to review the Security and Privacy Statement, which, in addition to this Agreement, will govern any information you submit in connection with such activities.
Stayfit protects your online order and registration information by using Secure Sockets Layer (SSL) technology. If you place an order through the web site, you will be asked to set up an account and provide an email address and password. You must provide an appropriate email address and password in order to access account information. In order to protect your personal information further, you should be careful about providing your password to others.
All prices Stayfit shows on this site are subject to change without notice. Prices stated at beginning of shipment apply. Stayfit arranges for shipment of products purchased on the site, but we are not liable for delays in shipments as shipping schedules are estimates and cannot be guaranteed. All payments (including shipping and handling charges) must be received by stayfitco.com prior to shipping.
Important Sales Tax Notice
Stayfit is required by law to collect applicable sales or use tax on shipments to states where Stayfit and its affiliates maintain a place of business or have a business relationship. These taxes are added to your order. We do not charge sales tax on the purchase of Online Gift Certificates. However, items purchased with Online Gift Certificates will be taxed if shipped to the states where Stayfit and its affiliates maintain a place of business or business relationship.
Stayfit displays colors of our products on our site as accurately as we can, but the actual color you see depends on the accuracy of your own monitor, which we cannot guarantee.
Stayfit shall not be in default if this site is rendered unusable or if delivery is delayed or rendered impossible by forces of nature, war, acts of terrorism, civil commotion, governmental action, fire, storm, flood, explosion, strikes, walkouts, Internet or telecommunications failures, other industrial disturbances, or any other cause beyond our reasonable control. Stayfit may revise or modify products, product information or pricing without notice. Stayfit is not responsible for typographical errors or inaccuracies and information that may not be complete or current.
EACH OF THESE LIMITED WARRANTIES IS EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES MADE TO YOU, EXPRESS OR IMPLIED, AND STAYFIT HEREBY EXPRESSLY DISCLAIMS ALL SUCH WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. STAYFIT WILL UNDER NO CIRCUMSTANCES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL LOSS OR DAMAGE RESULTING FROM THE USE OF A PRODUCT.
stayfitco.com is an independent contractor.