Terms of service
Here is the updated Terms of Service with all mentions replaced:
TERMS OF SERVICE / MONTHLY BILLING TERMS
Welcome! These Terms of Service, which incorporate by reference our privacy policy (collectively, the "Terms" or "Agreement") are a legal contract between you ("you" or "your") and 24fitness® ("24fitness.store," "we," "our," or "us") governing your access to and use of our websites, any applications where these Terms are posted, and when you make any purchase from us (collectively the "Service"). By accessing or using the Service, you agree to be bound by these Terms. If you do not agree, you must immediately stop accessing and using the Service. These Terms contain important provisions, including provisions that require arbitration of individual claims and limit your potential remedies.
REFUNDS AND PAYMENTS
Payment Methods. By providing a credit card or other payment method, including through the checkout process, you warrant that you are authorized to use the payment method and authorize 24fitness.store and any third-party payment processors and billing agents to charge your payment method for the total amount due. If the payment method cannot be verified or is not accepted, your purchases may be cancelled. These Terms shall constitute authorization to the issuer of the payment without requiring a signed receipt from you, and 24fitness.store will not be liable for insufficient funds or charges incurred by you resulting from collection of fees. If you provide a debit card number instead of a credit card number, you authorize all charges to be applied to such debit card. 24fitness.store reserves the right to correct any errors or mistakes for payment at any time.
Refunds. ALL SALES ARE FINAL WITH NO REFUNDS, including for physical products, unless otherwise indicated at checkout or as otherwise required by applicable law or determined by us in our sole discretion. If you qualify for a return in our sole discretion, your inquiries and returns should be directed to us as outlined below.
DISPUTE RESOLUTION
Governing Law and Venue. Subject to and without waiving the arbitration provision below, this Agreement shall be exclusively governed by and construed in accordance with the laws of NEVADA without regard to its conflict of law principles, and the proper venue for any judicial action arising out of or related to this Agreement shall be the state and federal courts located in NEVADA (a "Court of Competent Jurisdiction"). You and 24fitness.store stipulate to, and waive any objection to, the personal jurisdiction and venue of such courts and submit to extraterritorial service of process. If you reside outside the U.S. and bring a Claim against 24fitness.store outside the U.S., applicable laws may authorize you to bring a Claim against 24fitness.store, which shall be brought in your individual capacity only and not in any class action, in the forum where you reside.
Arbitration Provision. If you and 24fitness.store cannot resolve a Claim through informal negotiations, any Claim shall be finally and exclusively resolved by binding arbitration. "Claim(s)" means any claim or dispute between the parties and/or their parents, subsidiaries, affiliated entities or persons, employees, agents, members, partners, officers, owners, managers, directors, independent contractors, manufacturers, licensors, beneficiaries, successors, and/or assigns, and each of their owners and/or agents (collectively, "24fitness Entities" who shall be third-party beneficiaries of this Agreement where referenced) arising out of or related to this Agreement or the Service. This arbitration provision is reciprocal, and any election to arbitrate by one party shall be final and binding on the other. This arbitration provision, including the interpretation and enforcement of this provision, shall be governed by the Federal Arbitration Act.
The arbitration shall be commenced and conducted through JAMS (www.jamsadr.com) under its Streamlined Rules, as modified by this arbitration provision. The parties shall each participate in the selection of a neutral arbitrator pursuant to the Streamlined Rules. If JAMS is unavailable to arbitrate, you and 24fitness.store agree to arbitrate using an alternative arbitral forum. All remedies available to the parties under applicable laws shall remain available in arbitration. All issues, including the interpretation and enforceability of this arbitration provision, shall be determined by the arbitrator. Unless you and 24fitness.store agree otherwise in writing, the final arbitration hearing shall take place in person at the JAMS facility located in or nearest to your city of residence, provided that either party may elect to have the arbitration conducted by video conference or telephone. If you initiate arbitration against 24fitness.store, you will be required to pay an initial fee of $250 (unless you qualify for a waiver), and all other arbitration costs (including any remaining Case Management Fee and fees for the arbitrator's services) shall be paid as determined by the arbitrator. If 24fitness.store initiates arbitration against you, 24fitness.store shall pay all costs associated with the arbitration. Regardless, you and 24fitness.store will each pay your own attorney's fees and costs unless an award of attorney's fees is available under applicable statute.
The arbitrator's award will consist of a written statement stating the disposition of each Claim. The award will also provide a concise written statement of the essential findings and conclusions on which the award is based. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Either party may seek relief in a Court of Competent Jurisdiction to stay proceedings pending arbitration, to modify, confirm, vacate, or enter judgment on the award entered by the arbitrator, or for injunctive relief in aid of arbitration. You agree that without this provision, you would have the right to sue in court with a jury trial.
Waiver of Class Actions. YOU AND 24FITNESS.STORE (INCLUDING ANY THIRD-PARTY BENEFICIARIES) MAY ONLY BRING CLAIMS AGAINST THE OTHER ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. THIS WAIVER IS A MATERIAL PROVISION. UNLESS YOU AND 24FITNESS.STORE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PARTY'S CLAIMS; AND THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIMS.
DISCLAIMERS & LIMITATION OF LIABILITY
Application. This Section applies to the fullest extent permitted by applicable laws. Some jurisdictions may not allow the exclusion of certain warranties or the limitation of certain damages, so some of the below terms may not apply to you. 24fitness Entities, and their owners and agents, are intended third-party beneficiaries of this Section. No advice or information obtained by you through the Service or otherwise shall alter the terms stated in this Section.
Disclaimer of Warranties. 24FITNESS.STORE, ON BEHALF OF ITSELF AND 24FITNESS ENTITIES, AND THEIR OWNERS AND AGENTS, EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SERVICE, ARISING BY OPERATION OF LAW OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND TITLE, IN ADDITION TO ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. THE SERVICE IS PROVIDED "AS IS." NEITHER 24FITNESS.STORE NOR ITS AFFILIATED ENTITIES OR AGENTS WARRANT THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED OR ERROR-FREE.
Limitation of Liability. IN NO EVENT SHALL 24FITNESS.STORE OR 24FITNESS ENTITIES, OR THEIR OWNERS OR AGENTS, BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST DATA OR CONFIDENTIAL OR OTHER INFORMATION, LOSS OF PRIVACY, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR FAILURE TO MEET ANY DUTY (INCLUDING GOOD FAITH, REASONABLE CARE, NEGLIGENCE, OR OTHERWISE), REGARDLESS OF THE FORESEEABILITY OF THE LOSS OR DAMAGES OR NOTICE OTHERWISE. THESE LIMITATIONS SHALL APPLY REGARDLESS OF WHETHER THE LOSS OR DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT, OR ANY OTHER THEORY OR FORM OF ACTION. YOU AGREE THAT THIS SECTION REPRESENTS A REASONABLE ALLOCATION OF RISK AND IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN 24FITNESS.STORE AND YOU. THE SERVICE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. WITHOUT LIMITING OTHER PROVISIONS, IN NO EVENT WILL 24FITNESS.STORE OR ITS AFFILIATED ENTITIES OR AGENTS BE LIABLE TO YOU FOR ANY CLAIMS EXCEEDING $100 OR THE AMOUNT OF FEES YOU PAID IF GREATER.
ASSUMPTION OF RISK
You knowingly and freely assume all risk when using the Service. You, on behalf of yourself, your personal representatives, and your heirs, voluntarily agree to release, waive, discharge, hold harmless, defend, and indemnify 24fitness.store and its parents, subsidiaries, affiliated companies, employees, agents, officers, owners, directors, successors, and assigns (who shall be third-party beneficiaries of this provision) from any and all claims, actions, or losses for bodily injury, property damage, wrongful death, emotional distress, loss of privacy, or other damages, loss, or harm, whether to you or to third parties, that may result from your access to or use of the Service.
MODIFICATION & TERMINATION
Modification. 24fitness.store may modify this Agreement, including the Privacy Policy, at any time upon posting a new version via the Service or by other notice to you. You should review this Agreement periodically. Your continued access to or use of the Service constitutes acceptance of modified provisions. This Agreement may otherwise only be modified by a writing signed by both parties.
Errors. The Service may contain errors, inaccuracies, and omissions, which 24fitness.store may correct at any time but has no obligation to do so. 24fitness.store may modify or discontinue the Service, including any products, descriptions, and prices, at any time. 24fitness.store is not responsible for the accuracy or completeness of all content provided with the Service, and content is provided for general information only. 24fitness.store makes efforts to display product photographs and information accurately, but we cannot guarantee that your display will be accurate.
Termination. 24fitness.store may terminate this Agreement, the Service, or your account at any time for any reason without prior notice. If you wish to terminate this Agreement, you should cease using the Service. Sections 2, 3, 8, and 9 shall expressly survive any termination of this Agreement.
YOUR USE OF THE SERVICE
Your Qualifications. You must be at least 18 years old and legally qualified to use the Service and, if you are using the Service on behalf of a company, authorized to enter into this Agreement on behalf of that company. You warrant that all information you provide in connection with your use of the Service is current, complete, and accurate and that you will update that information as necessary. You are responsible for maintaining the confidentiality of any credentials and information used in connection with the Service, and you agree to notify 24fitness.store immediately of any unauthorized use of the same. We reserve the right to suspend or terminate your use of the Service, including your account, for a violation of this Agreement or any applicable laws.
Limited License. Subject to your compliance with this Agreement and applicable laws, 24fitness.store grants you a non-exclusive, non-sublicensable, revocable, non-transferable, limited license to access and use the Service solely for your personal access and use in the manner intended by the Service. This license does not allow you to otherwise reproduce, copy, modify, reverse engineer, sell, or exploit any portion of the Service without our prior express written consent. Upon termination of this Agreement, your account, or as otherwise directed by 24fitness.store, this limited license shall immediately cease, and you must stop accessing and using the Service.
Your Account. To use parts of the Service you must use an account. You represent and warrant that all account information you provide is current, complete, and accurate and that you will update that information as necessary. You are responsible for maintaining the confidentiality of your account information, and you agree to notify 24fitness.store immediately of any unauthorized use of your account. We reserve the right to refuse, suspend, or terminate your account and right to use the Service, or take such other action as we deem necessary in our discretion at any time for any reason subject to applicable laws.
Communications with 24fitness.store. By providing your email address or communicating with us, you expressly consent to receiving our marketing communications. Providing consent to promotional communications is not a condition of purchasing any goods or services. You can unsubscribe from marketing communications at any time by following the unsubscribe instructions in each communication or by contacting us as outlined below. If you unsubscribe from advertising content, we may still send you non-promotional communications, such as updates to these Terms.
Prohibited Conduct. You are prohibited from doing or attempting to do the following, either by yourself or assisting another, in connection with your access to or use of the Service:
a) Using the Service in any manner not intended (including any commercial re-sale use);
b) Using the Service in any manner that violates these Terms or any applicable law;
c) Providing false, misleading, or inaccurate information to 24fitness.store or anyone else;
d) Impersonating or otherwise misrepresenting affiliation with any person or entity;
e) Using any engine, software, tool, agent, or other device or mechanism (including spiders, robots, avatars, or intelligent agents) to harvest or otherwise collect information;
f) Accessing content or data not intended for you or that you are not authorized to access;
g) Probing, scanning, or testing the vulnerability of the Service or any associated system or network, or breaching security or authentication measures without proper authorization;
h) Interfering with the Service (including through malware or exploiting vulnerabilities);
i) Forging, modifying, or falsifying any network packet or protocol header or metadata; and
j) Modifying, reverse engineering, or disassembling the source code used by 24fitness.store.
Indemnification. You are responsible for your account and actions. As such, you shall defend, indemnify, and hold harmless 24fitness.store and 24fitness Entities from and against all claims, actions, demands, causes of action, and other proceedings, including attorney's fees, arising out of or related to your account, your actions, or your violation of these Terms or applicable laws.
THIRD PARTY SERVICES
The Service may be linked with or refer to the services, websites, platforms, content, information, goods, services, or tools of third parties (collectively, "Third-Party Services"), some of which may have established relationships with 24fitness.store and some of which do not. 24fitness.store has not reviewed and does not control Third-Party Services. 24fitness.store does not represent, warrant, or endorse any Third-Party Services, or the accuracy, completeness, usefulness, lawfulness, or quality of Third-Party Services. Third-Party Services should not necessarily be relied upon, and their third-party authors are solely responsible for their content. 24fitness.store shall not be liable or responsible for any loss or damage resulting from your reliance on Third-Party Services.
INTELLECTUAL PROPERTY
24fitness.store, 24fitness.store's name and logo, 24fitness.store's website domain(s), and all content and other materials available through the Service (collectively, the "24fitness IP"), exclusive of your content and third-party content, are the trademarks, copyrights, intellectual property, and proprietary content of and owned by 24fitness.store or its licensors and suppliers. Neither your use of the Service nor this Agreement grant you any right, title, or interest in, or any license to reproduce or otherwise use, the 24fitness IP. You agree that any goodwill in the 24fitness IP generated as a result of your use of the Service will inure to the benefit of 24fitness.store, and you agree to assign, and do assign, all such goodwill to 24fitness.store. You shall not at any time, nor shall you assist others to, challenge 24fitness.store's right, title, or interest in, or the validity of, the 24fitness IP. All rights not expressly granted in this Agreement are reserved by 24fitness.store.
MISCELLANEOUS
This Agreement is the entire agreement between 24fitness.store and you concerning the Service. The language in this Agreement shall be interpreted in accordance with its fair meaning and not strictly for or against either party. Should any part of this Agreement be declared invalid, void, or unenforceable by the arbitrator or Court of Competent Jurisdiction, such decision shall not affect the validity of any remaining portion of this Agreement, which shall remain in full force and effect, and this Agreement is severable. A waiver by either party of any term or condition of this Agreement, or any breach, in any one instance, will not waive that term or condition or any later breach. This Agreement and all of your rights and obligations under it will not be assignable or transferable by you without the prior written consent of 24fitness.store. This Agreement will be binding upon and will inure to the benefit of the parties, their successors, and permitted assigns. No agency, partnership, joint venture, or employee-employer relationship is intended or created by this Agreement. Except where expressly stated herein, there are no third-party beneficiaries to this Agreement. The headings in this Agreement are for convenience only. These Terms apply to the fullest extent permitted by applicable laws. You may have other rights and remedies not outlined above. These Terms and any offers are void where prohibited. Neither party will be liable for any delay or failure to perform any obligation under this Agreement where the delay or failure results from any cause beyond that party's reasonable control, including "acts of God," labor disputes or other industrial disturbances, electrical or power outages, utilities or other telecommunications failures, pandemics, epidemics, earthquake, storms, or other elements of nature, blockages, embargoes, riots, acts or orders of government, acts of terrorism, or war.
REFUND POLICY
We stand behind the quality of our products and guarantee our workmanship. Any defects or errors on our part are eligible for a replacement at no charge within 7 days. If 7 days have passed from your delivery date, unfortunately we can't offer you a replacement.
Please review the following for more information:
I. Once an order number has been generated, we will no longer be able to make CHANGES, EDIT, or CANCEL the order.
II. It is the customer's RESPONSIBILITY to do their due diligence in researching the product/s they're buying online.
III. All our products have gone through a meticulous product selection and extensive Quality Assurance so we can provide you with the most useful products that are affordable and of high quality. We DO NOT ACCEPT returns or exchanges due to user errors such as incorrect selection of sizes, designs, accidental purchases, or colors.
IV. For returns due to a change of mind, there'll be a 25% RESTOCKING FEE and the customer is RESPONSIBLE for the COST of sending the item back. Please submit a ticket for further instructions.
V. Our products are manufactured under market demand; thus, they are not always available items.
VI. Advertised images may slightly differ from actual items in terms of color due to lighting during photo shooting or the monitor's display. Please allow a 20% difference between the advertised images and the actual item you received.
VII. On account of worldwide supply chain issues, our Production Team operates 24/7 and strives to process your order as soon as payment is received.
A. INCORRECT QUANTITY & PRODUCT ORDERED
When placing an order and before making your payment, the customer has the FULL RESPONSIBILITY to ENSURE that the number of items in their cart and the product they're ordering are both correct. Once an order number has been generated, we will no longer be able to make CHANGES, EDIT, or CANCEL the order. Please make sure everything is in order before making a payment.
B. EXCHANGE / REPLACEMENT (If Applicable)
We are committed to providing you with the most affordable products without compromising quality, and are happy to replace your order for any of the following reasons:
I. The product is flawed and/or damaged.
II. The product you received is different from what you ordered. Note: Your item must be in the same condition that you received it, unworn or unused, with tags, and in its original packaging. You'll also need the receipt or proof of purchase.
III. Please submit a ticket with a photo of the product you received along with any detailed shots you wish to include.
IV. Our Quality Assurance Team will review your submitted photos. If your claim is approved (only applicable to defects or errors on our part), we will provide you with a replacement free of charge.
V. Any unauthorized returns, or returns of items that are washed, worn, or damaged will not be eligible for a replacement, and the item will be forfeited.
C. DAMAGES AND ISSUES
Please inspect your order upon delivery and contact us immediately if the item is defective, damaged, or if you received the wrong item so that we can evaluate the issue and make it right.
D. DELIVERED TO THE WRONG SHIPPING ADDRESS
You will receive an order confirmation to your registered email address after placing your order. Please ensure that your shipping address is correct. Once you have received your shipping confirmation/tracking number, we will no longer be able to CORRECT your shipping address. If this occurs, please contact your local post office for assistance in correcting the address.
E. RETURNS DUE TO A CHANGE OF MIND
For returns due to a change of mind, there'll be a 25% RESTOCKING FEE and the customer is RESPONSIBLE for the COST of sending the item back. Please submit a ticket for further instructions. You can always contact us for any return questions.
F. GIFT CARD POLICY
Our gift card provides you with a credit of $135 to be used on our website, while the customer is only charged $100 at the time of purchase. Below are the details of our policy:
Value and Price: The gift card offers a total credit of $135 for online purchases, yet you pay only $100 when you acquire it.
Usage: You may use the gift card credit toward any product or service on our website until the credit is exhausted. If your purchase exceeds the available gift card balance, you will need to cover the remaining amount using an alternative payment method.
Validity: The gift card does not expire and can be used at any time, subject to our standard terms and conditions.
Limitations: The gift card cannot be redeemed for cash or exchanged for other products or services. It is non-refundable and cannot be combined with other promotions or discounts unless explicitly stated.
Customer Support: If you have any issues or require further information about your gift card, please contact our customer support team for assistance.
SALES TAX
Sales tax rates are determined by the jurisdiction of the customer's state and country. These taxes are not included in the listed price of the item; instead, they are calculated and added to the order total at checkout.
SHIPPING & HANDLING FEES FOR DISCOUNTED ITEMS
Shipping fees are not included in any discounted or upsell items that you purchase after your initial order. These fees are separate and must be paid in addition to the cost of the product, as they are typically charged based on the weight, size, and destination of the package.
STORE CURRENCY
Your card will be charged in USD as the default currency. Depending on your card's local currency, your bank or credit card company may apply extra fees, potentially increasing the overall cost of your purchase. Please contact your bank for more information on these fees.
CONTACT US
For customer support inquiries and returns, please submit a ticket.
Customer Support — Submit a Ticket