A. TERMS AND CONDITIONS
1. User Conduct.
2. Disclaimer of Warranty.
FIT PRO DEALS AND ITS ADVERTISERS, VENDORS, PRODUCT OR SERVICE PROVIDERS, AND LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THIS SITE, THE SUITABILITY OF THE CONTENT, INFORMATION, SERVICES, OR MATERIALS CONTAINED ON OR RECEIVED THROUGH USE OF THIS SITE, OR ANY SERVICES OR PRODUCTS RECEIVED THROUGH OR AS A RESULT OF INFORMATION PROVIDED BY THIS SITE. ALL INFORMATION AND USE OF THIS SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED.
FIT PRO DEALS AND ITS ADVERTISERS, VENDORS, PRODUCT OR SERVICE PROVIDERS, AND LICENSORS HEREBY DISCLAIM ALL WARRANTIES WITH REGARD TO THIS SITE, THE INFORMATION CONTAINED ON OR RECEIVED THROUGH USE OF THIS SITE, AND ANY SERVICES OR PRODUCTS RECEIVED THROUGH THIS SITE OR INFORMATION PROVIDED BY THIS SITE, INCLUDING BUT NOT LIMITED TO ALL EXPRESS, STATUTORY, AND IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, OR WITH RESPECT TO THE ACCURACY, RELIABILITY, CORRECTNESS, OR COMPLETENESS OF ANY CONTENT, INFORMATION, SERVICES, OR OTHER MATERIALS MADE AVAILABLE ON OR THROUGH THE SITE OR ANY SITES LINKED TO OR FROM THE SITE. YOUR USE OF THIS SITE IS SOLELY AT YOUR RISK. YOU AGREE THAT YOU HAVE RELIED ON NO WARRANTIES, REPRESENTATIONS OR STATEMENTS OTHER THAN IN THIS AGREEMENT.
FIT PRO DEALS AND ITS ADVERTISERS, VENDORS, PRODUCT OR SERVICE PROVIDERS, AND LICENSORS DO NOT WARRANT THAT THIS SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENTS OR ANY INFORMATION RECEIVED THROUGH THIS SITE IS FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS.
3. Limitation on Liability.
UNDER NO CIRCUMSTANCES SHALL FIT PRO DEALS OR ITS OFFICERS, MEMBERS, MANAGERS, DIRECTORS, EMPLOYEES, AGENTS, ADVERTISERS, VENDORS, PRODUCT OR SERVICE PROVIDERS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM, OR ARISE OUT OF THE USE OF, OR INABILITY TO USE, THE SITE, THE INFORMATION CONTAINED ON OR RECEIVED THROUGH USE OF THIS SITE, THE PRODUCTS OR SERVICES LISTED ON THIS SITE, OR ANY SERVICES OR PRODUCTS RECEIVED, POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF CRUSADER DEALS OR ITS OFFICERS, MEMBERS, MANAGERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, ADVERTISERS, VENDORS, OR PRODUCT OR SERVICE PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
4. Copyright and Trademarks.
Everything located on or in this Site is the exclusive property of Fit Pro Deals or used with express permission of the copyright and/or trademark owner. ANY COPYING, DISTRIBUTING, TRANSMITTING, POSTING, LINKING, DEEP LINKING, OR OTHERWISE MODIFYING OF THIS SITE WITHOUT THE EXPRESS WRITTEN PERMISSION OF FIT PRO DEALS IS STRICTLY PROHIBITED. Any violation of this policy may result in a copyright, trademark or other intellectual property right infringement that may subject User to civil and/or criminal penalties.
This Site contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music, sound, and the entire contents of Fit Pro Deals protected by copyright as a collective work under the United States copyright laws. Fit Pro Deals owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. User may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. User may download, print, or save copyrighted material for User’s personal use only. Except as otherwise expressly stated under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material without the express permission of Fit Pro Deals and the copyright owner is permitted. If copying, redistribution or publication of copyrighted material is permitted, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. User acknowledges that User does not acquire any ownership rights by downloading copyrighted material. Trademarks that are located within or on the Site or a website otherwise owned or operated in conjunction with Fit Pro Deals shall not be deemed to be in the public domain but rather the exclusive property of Fit Pro Deals, unless such site is under license from the Trademark owner thereof in which case such license is for the exclusive benefit and use of Fit Pro Deals, unless otherwise stated.
User shall not upload, post or otherwise make available on this Site any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. Fit Pro Deals does not have any express burden or responsibility to provide User with indications, markings or anything else that may aid User in determining whether the material in question is copyrighted or trademarked. User shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights or any other harm resulting from such a submission. By submitting material to any public area of this Site, User warrants that the owner of such material has expressly granted Fit Pro Deals the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. User also permits any other User to access, view, store or reproduce the material for that User’s personal use. User hereby grants Fit Pro Deals the right to edit, copy, publish and distribute any material made available on this Site by User.
COPYRIGHT INFRINGEMENT POLICY
In accordance with the requirements set forth in the Digital Millennium Copyright Act, Title 17 United States Code Section 512(c)(2) (“DMCA”), Fit Pro Deals will investigate notices of copyright infringement and take appropriate remedial action. If you believe that any Content on the Site has been used or copied in a manner that infringes your work, please provide a written notification of claimed copyright infringement to the Designated Agent for the Site containing the following elements as set forth in the DMCA:
- a physical or electronic signature of the owner of the copyright interest that is alleged to have been infringed or the person authorized to act on behalf of the owner;
- identification of the copyrighted work(s)claimed to have been infringed, including copyright date;
- identification of the Content that you claim to be infringing and which you request be removed from the Site or access to which is to be disabled along with a description of where the infringing Content is located;
- information reasonably sufficient to allow us to contact you, such as a physical address, telephone number and an email address;
- a statement by you that you have a good faith belief that the use of the Content identified in your written notification in the manner complained of is not authorized by you or the copyright owner, its agent or the law; and
- a statement by you that the information in your written notification is accurate and that, under penalty of perjury, you are the copyright owner or authorized to act on behalf of the copyright owner.
Fit Pro Deals’ designated agent for the written notification of claims of copyright infringement can be contacted at the following address:
Designated Agent – Copyright Infringement Claims
Fit Pro Deals
14 Notthingham Circle
Jefferson, MA 01522
6. License Grant.
By posting communications on or through this Site, User shall be deemed to have granted to Fit Pro Deals a royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display the communication alone or as part of other works in any form, media, or technology whether now known or hereafter developed, and to sublicense such rights through multiple tiers of sublicensees.
Fit Pro Deals shall have the right, but not the obligation, to monitor the Site and the content of the Site at all times, including but not limited to any chat rooms and forums that may hereinafter be included as part of the Site. Without limiting the foregoing, Fit Pro Deals shall have the right to interact with Users to and to remove any material from the Site that Fit Pro Deals, in its sole discretion, finds to be in violation of the provisions of this Agreement or otherwise objectionable.
You agree to defend, indemnify, and hold harmless Fit Pro Deals, its advertisers, vendors, product and service providers, licensors, parents, subsidiaries and other affiliated companies, and their employees, contractors, members, managers, officers, shareholders, agents and directors from all liabilities, claims, losses, damages, obligations, costs, and expenses, including attorney’s fees, that arise from or relate to (a) your use of and access to this Site, or any services, information or products from this Site; (b) your violation or breach of any of the terms of this Agreement or your representations and warranties; (c) your violation of the rights of any third party, including but not limited to any copyright, property, or privacy right; or (d) any claim that one or more of your submissions to the Site has caused damage to a third party. This defense and indemnification obligation will survive your use of the Site and the termination of this Agreement. Fit Pro Deals reserves the right to assume the exclusive defense and control of any claim for which we or any of the indemnitees listed above are entitled to indemnification hereunder. In such event, you shall pay all fees and costs for such defense and shall provide us with such cooperation at no charge as is reasonably requested by us to assert any available defenses.
Fit Pro Deals may terminate this Agreement at any time with or without cause. Without limiting the foregoing, Fit Pro Deals shall have the right to immediately terminate any accounts or passwords of User in the event of any conduct by User which Fit Pro Deals, in its sole discretion, considers to be unacceptable, or in the event of any breach by User of this Agreement.
10. Third Party Content.
Fit Pro Deals, similar to an Internet Service Provider, is a distributor (and not a publisher) of content supplied by third parties and Users. Accordingly, any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, or any other end users are those of the respective author(s) or distributors) and not of Fit Pro Deals. In many instances, the content available through this Site represents the opinions and judgments of the respective information provider, end user, or other user not under contract with Fit Pro Deals. Fit Pro Deals neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made on Fit Pro Deals by anyone other than authorized Fit Pro Deals employee spokespersons while acting in official capacities. Under no circumstances will Fit Pro Deals be liable for any loss or damage caused by User’s reliance on information obtained through Fit Pro Deals or the Site. It is the responsibility of User to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice, etc., or other content available through Fit Pro Deals or the Site.
Fit Pro Deals contains links to third party websites maintained by other content providers. These links are provided solely as a convenience to you and not as an endorsement by Fit Pro Deals of the contents on such third-party sites and Fit Pro Deals hereby expressly disclaims any representations regarding the content or accuracy of materials on such third-party websites. If User decides to access linked third-party websites, User does so at User’s own risk. Unless you have executed a written agreement with Fit Pro Deals expressly permitting you to do so, you may not provide a hyperlink to the Site from any other website. Fit Pro Deals reserves the right to revoke its consent to any link at any time in its sole discretion.
This Agreement and any operating rules for Fit Pro Deals established by Fit Pro Deals constitute the entire agreement of the parties with respect to the subject matter hereof. No waiver by either party of any breach or default hereunder is a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall be of no legal force or effect. If any provision of this Agreement is held invalid by a court of competent jurisdiction, such invalidity shall not affect the enforceability of any other provisions contained in this Agreement and the remaining portions of this Agreement shall continue in full force and effect. The failure of either party to exercise any of its rights under this Agreement shall not be deemed a waiver or forfeiture of such rights or any other rights provided hereunder.
Legal issues arising out of the user of this Site or products or services advertised on this site are governed by and in accordance with the laws of the State of Massachusetts (exclusive of its rules regarding conflicts of laws). By using this Site, User agrees that any dispute or claim arising out of or in connection with this Agreement or the performance, breach or termination thereof, or the Site, shall be finally settled by arbitration before a sole arbitrator in Massachusetts under the rules of arbitration of the American Arbitration Association.
B. TERMS OF SALE.
For purposes of this Agreement, “Merchant” shall mean any vendor or merchant who makes their products or services available to purchasers of Fit Pro Deals vouchers.
1. Terms and Conditions for All Fit Pro Deals Offers.
All vouchers printed or downloaded from the Site or any website associated with Fit Pro Deals (hereinafter “Vouchers”) are promotional Vouchers that are offered to Users below their face value and shall be subject to these Terms and Conditions and any applicable terms and conditions of the participating Merchant.
The holder and issuer of a Merchant Voucher is the Merchant. As the holder and issuer of the Voucher, the Merchant shall be fully responsible for any and all injuries, illnesses, damages, claims, liabilities and costs suffered by or in respect of a customer, caused in whole or in part by the Merchant, as well as for any unclaimed property liability arising from unredeemed Vouchers. Merchant Vouchers are redeemable in their entirety only and may not be redeemed in part.
In addition, the following terms and conditions apply to all Vouchers sold by Fit Pro Deals:
Unless otherwise stated in the Voucher or required by law, the following additional terms apply to all Vouchers issued by a Merchant:
- Merchants shall not be required to provide cash back or credit for the partial redemption of a promotional offer, except as required by law.
- Limit one Voucher per redemption. Vouchers cannot be combined with any other coupons, gift certificates or promotions unless otherwise noted in the Voucher or permitted by the Merchant.
- Vouchers cannot be used for taxes, tips, prior balances, shipping or handling, as applicable.
- Neither Fit Pro Deals nor the Merchant are responsible for lost or stolen Vouchers or Voucher reference numbers.
- Duplication, sale or trade of a Voucher is prohibited, except as required by law.
- Unless otherwise stated at the time a Voucher is purchased, the Voucher price does not include sales, value added or use taxes, which may be charged to you separately by the Merchant at the time you redeem the Voucher.
- Any attempt by User to obtain more than the permitted number of Vouchers by using multiple or different identities, credit cards, forms, registrations, addresses or any other method will void the Vouchers purchased by said User.
Although we hope that you will always love the service you receive from all of the advertisers on Fit Pro Deals, you may find in a particular case that you are dissatisfied or it is possible that an advertiser will go out of business. FIT PRO DEALS IS AN ADVERTISING PLATFORM; WE ARE NOT THE MERCHANT and THE MERCHANT IS SOLELY RESPONSIBLE for providing the goods or services in the advertisement. FIT PRO DEALS WILL NOT GRANT REFUNDS OR CREDITS BEYOND 14 DAYS AFTER THE END OF THE DEAL under any circumstances. After that time, refunds can only be obtained from the merchant in the merchant’s sole discretion.
If you feel you need to return a voucher or request a refund within 14 days after purchase, please email us at: email@example.com