Term and Conditions

TERMS AND CONDITIONS

Welcome to Fitness Tech Valley ("Website"). Fitness TechValley (“we,” “us,” or “our”) owns and operates the Website.
The Terms and Conditions ("Agreement") is a legal agreement that explains the terms and conditions that all visitors, users, clients and customers (“you” or “your”) must comply with when using the Website.

This Agreement incorporates our Privacy Policy, and Warranty policies.
NOTICE REGARDING DISPUTE RESOLUTION, ARBITRATION, AND CLASS ACTION WAIVER. This Agreement contains provisions that govern how claims you us. have against each other are resolved. Unless you opt-out: (A) you will only be permitted to pursue claims against Fitness Techvalley on an individual basis, not as part of any class or representative action or proceeding and (B) you will only be permitted to seek relief (including without limitation monetary, injunctive, and declaratory relief) on an individual basis.
PLEASE READ THIS AGREEMENT CAREFULLY because it affects your rights and liabilities under the law. If you do not agree with this Agreement, you cannot use or access the Website.

1. DEFINITIONS
1.1 " Account" means the account that you have to create on the Website to log in, use, and access some parts of the Website.
1.2 " Content" means the information displayed at the Website including without limitation text, data, code, images, photographs, graphics, software, designs and any other materials that are available at the Website.
1.3 " Products" means all goods and products that we make available to you on the Website.
1.4 " Party" refers to either you, or us, or any other party to this Agreement.
1.5 " Parties" refer to both you and us.
1.6 " Services" refer to any work we perform for you.
1.7 " User Content" refers to the content which has been created by our users.



2. PRICES
2.1 You agree to pay for the price of the Products or Service that you purchased at the amount posted for such at the time of your purchase (“ Price”).
2.2 We are constantly updating our Products and Services on the Website. We make every attempt to ensure that our online catalog is as accurate and complete as possible. Unfortunately, it is not possible to ensure that any site is completely free of human or technological errors. The Prices of Products or Services available on our Website may be mispriced, described inaccurately, or unavailable, and we may experience delays in updating information on the Website and in our advertising on other sites. We cannot and do not guarantee the accuracy or completeness of any information, including Prices, images, specifications, and availability of the Product and Services.
2.3 We reserve the right to correct any errors, inaccuracies, or omissions; including after an order has been submitted, and to change or update information. We will notify you of the changes through e-mail or posting on the Website whenever applicable and relevant. We will not honor inaccurate or incorrect pricing. We do not negotiate the Prices.
2.4 If a listed Price is lower than its actual Price, we will contact you prior to processing the order to confirm the correct Price. Should you not want to continue with your order, your order will be canceled. You acknowledge and agree that we will not be obligated to sell the Product or Service at the lower, incorrect price.
2.5 In cases where the Price of what you purchased as shown on the Website is different from the Price on the order confirmation email you receive, the Price on such email will be the correct and final Price.
2.6 All Prices exclude taxes at current legal rate in U.S.A., unless stated otherwise in this Agreement. You are responsible for all other applicable taxes, including government-imposed taxes and sales taxes, and we shall charge taxes when required to do so.

3. ADDITIONAL SHIPPING & DELIVERY COSTS
3.1 The shipping and delivery costs on our Website assume that you have provided us with accurate shipping and warranty details, accurate installation details, and you are able to receive the Product(s) within five (5) business days of our shipper attempting to contact you on your 'primary phone number' and 'alt phone number' on file.
3.2 The following actions and situations based on certain later conduct of a consumer may incur additional shipping and delivery costs:
3.2.1 Making an appointment for delivery and waiting until the truck is loaded to cancel, or failing to cancel;
3.2.1 Making a delivery appointment and being late for delivery, causing the shipper to have to wait and accumulate idle time;
3.2.1 Not being able to receive the equipment within five (5) business days of the shipper attempting to make contact, leading to storage fees, which can be substantial; and/or
3.2.1 Providing inaccurate house measurements, or inaccurate information about delivery requirements, or insufficient information that leads to a failed delivery, or extra time spent on site.
3.3 If you cause additional shipping and delivery costs due to your later behaviors described above, we reserve the right to assess the additional costs incurred, and you agree to be responsible for such costs.

4. ADDITIONAL WARRANTY COSTS
4.1 The following actions and situations based on certain later conduct of a consumer may incur additional warranty costs:
4.1.1 Making an appointment for a service call and waiting until the service provider is in transit to cancel, or not canceling at all;
4.1.2 Mislocating parts sent, or any situation that requires the service provider to incur additional time and/or trip;
4.1.3 Not being on site or not being able to allow the service provider to work on the equipment when the provider shows up for an appointment, causing the service provider to accumulate idle time;
4.1.4 Providing inaccurate address info, causing the reshipment of parts; and/or
4.1.5 Losing parts, or not sending parts back when asked to do so.
4.2 If you cause additional warranty costs due to your later behaviors described above, we reserve the right to assess the additional costs incurred, and you agree to be responsible for such costs.

5. YOUR ACCOUNT
5.1 To use the Website, you will:
5.1.1 provide true, accurate, current, and complete information about yourself as prompted by the Website's login page (such information being the “ Account Information”); and
5.1.2 maintain and promptly update the Account Information to keep it true, accurate, current, and complete.
5.2 You are entirely responsible for the security and confidentiality of your Account and Account Information. You will not share your Account Information or your username and password with any third party or permit any third party to login to the Website using your Account Information. Furthermore, you are entirely responsible for any and all activities that occur under your Account. You agree to immediately notify us of any unauthorized use of your Account or any other breach of security of which you become aware. For more information on how we collect, store, use, and share your Account Information, please check our Privacy Policy.
5.3 You are responsible for taking precautions and providing security measures best suited for you situation and intended use of the Website.
5.4 The Website may also include a tool that allows you to sign in or register using information from your accounts in third party services, such as Facebook, X, Instagram, Pinterest, TikTok, and Google. These third-party services are not related to the Website, and your use of such third-party services is subject to the terms and policies of those services.

6. OUR CONTENT
6.1 Except for User Content as defined in Section 8 below, all of the content featured or displayed on the Website, including, without limitation, text, graphics, photographs, images, moving images, sound, and illustrations (“ Our Content”) are owned by us, our licensors, vendors, agents and/or our content providers. All elements of the Website, including without limitation the general design and Our Content, are protected by trade dress, copyright, moral rights, trademark, and other laws relating to intellectual property rights.
6.2 The Website, Our Content, and all related rights shall remain our exclusive property or of our licensors unless otherwise expressly agreed.
6.3 You will not remove any copyright, trademark, or other proprietary notices from Our Content.
6.4 Except as may be otherwise indicated in specific documents within the Website or as permitted by copyright law, you are authorized to view, play, print and download copyrighted documents, audio and video found on our Website for personal, informational, and non-commercial purposes only.
6.5 Except as permitted by copyright law, you may not modify any of the materials and you may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information or work contained on the Website.

7. TRADEMARKS/NO ENDORSEMENT
7.1 All of our trademarks, service marks and trade names used herein (including but not limited to: the “ Fitness Techvalley” name, Fitness Techvalley logo, the Website name, the Website design, and any logos) (collectively “Marks”) are our trademarks or registered trademarks or of our affiliates, partners, vendors or licensors. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify our trademarks in any way, including in advertising or publicity pertaining to distribution of materials on the Website, without our prior written consent. The use of our trademarks on any other site or network computer environment is not allowed. we prohibit the use of our trademarks as a “hot” link on or to any other site, unless we have approved in advance the establishment of such a link. You shall not use our name or any language, pictures or symbols which could, in our judgment, imply our endorsement in any (i) written or oral advertising or presentation, or (ii) brochure, newsletter, book, or other written material of whatever nature, without prior written consent.

8. USER CONTENTS
8.1 You may be able to submit or otherwise make available testimonials, reviews, messages, e-mails, photographs, videos, and other content for display on the Website (" User Content") as dictated by the functionality of the Website.
8.2 You shall be solely responsible for your own User Content and the consequences of posting or publishing them. The Website merely acts as a passive conduit for your online distribution and publication of User Content.
8.3 Without limiting any of our rights in law and equity, we reserve the right to remove any User Content for any reason in our sole discretion, including any User Content that we believe may violate this Agreement, or any copyright or third-party rights.
8.4 By submitting User Content, you automatically warrant and represent to us that you are the owner of all intellectual property rights in and to the User Content or that you otherwise have all sufficient rights to grant the license above. You further warrant and represent that the User Content infringes no third-party right of privacy, right of publicity, or any other third-party right or proprietary interest.
8.5 By submitting or otherwise making available any User Content on the Website, you automatically grant us a nonexclusive, royalty-free, worldwide, perpetual, irrevocable, sublicensable (through multiple tiers), license to use, modify, copy, distribute, transmit, publicly display, publicly perform, publish, adapt, create derivative works of, distribute, transfer, or sell any such content, for any purpose, including commercial purposes and in connection with advertising for the sole benefit of the Website, in any type of media or in any form now known or later developed, without any payment to you. In addition, you automatically waive and give up any claim that any use of such content violates any of your rights, including privacy rights, publicity rights, moral rights or any other right, including the right to approve the way the Website uses such content. You also grant us and the Website the right to use any material, information, ideas, concepts, know-how, or techniques contained in any communication you provide, submit, or otherwise make available to the Website or to us for any purpose whatsoever, including, without limitation, commercial purposes.
8.6 User Content does not represent our views or of any individual associated with us, and we do not control User Content. In no event shall you represent or suggest, directly or indirectly, our endorsement of User Content. We do not vouch for the accuracy or credibility of any User Content on our Website, and do not take any responsibility or assume any liability for any actions you may take as a result of reading User Content on our Website.

9. RIGHT TO TAKEDOWN
9.1 You shall remain solely responsible for your User Content, and we shall have no obligation to prescreen any such content. However, we shall have the right in our sole discretion to edit, refuse to post, or remove any material submitted to or posted on the Website at any time without notice. Without limiting the foregoing, we shall have the right to remove any material that we find to be in violation of the provisions hereof or otherwise objectionable, and the additional right to deny any User who fails to conform to any provision of this Agreement access to the Website.
9.2 If you wish to remove your User Content from the Website, please send us an email to our support email. We will remove your User Content within 14 business days of receiving your request. However, we may retain copies of your User Content, not accessible to the public, on our backup servers even after you request removal.

10. ADVERTISING RIGHTS
10.1 We reserve the right to sell, license and/or display any advertising, attribution, links, promotional and/or distribution rights in connection with any User Content. We and our licensors or affiliates will be entitled to retain any and all revenue generated from any sales or licenses of such advertising, attribution, links, or promotional or distribution rights. Nothing in this Agreement obligates or may be deemed to obligate us to sell, license or offer to sell or license any advertising, promotion, or distribution rights.

11. USE OF THE WEBSITE
11.1 We encourage a free and open exchange of ideas in a climate of mutual respect. Any action by a User that infringes on another user's right to use and enjoy the Website is prohibited. We reserve the right, but do not assume any obligation, to monitor your online conduct to enforce this Agreement.
11.2 You must use the Website for lawful purposes only.
11.3 Your use and access of the Website does not include any right of resale or commercial use of the Website or its Content; any collection and use of any Product listings, descriptions, or Prices; any derivative use of the Website or its Content; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.
11.4 The Website and/or any portion of the Website may not be reproduced, sold, resold, visited or otherwise exploited for any commercial purpose without our express written consent.

12. PROHIBITED USE
You may not do (or attempt to do) any of the following:
12.1 Disrupt or attempt to disrupt our servers in any way that could cause harm to the Website.
12.2 Distribute any material that contains software viruses or any other computer code, files, or programs that are designed or intended to: (a) disrupt, damage, or limit the functioning of the Website, any software, hardware, or telecommunications equipment used in connection therewith; or (b) damage or obtain unauthorized access to any data or other information of any third party.
12.3 Harass, abuse, threaten or incite violence towards any individual or group.
12.4 Hold yourself out as sponsored by, endorsed by, or affiliated with us or the Website.
12.5 Interfere with any other person's use of or the proper functioning of the Website.
12.6 Misrepresent your identity or impersonate any person.
12.7 Modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by us or the Website in connection with the Website.
12.8 Provide any information that is false, misleading, or inaccurate.
12.9 Use any meta tags or any other “hidden text” utilizing our name or trademarks without our express written consent.
12.10 Use any portion of the Website for any unlawful or fraudulent purpose or otherwise fail to comply with all applicable domestic and international laws, statutes, ordinances, and regulations.
12.11 Use any portion of the Website for uploading, posting, e-mailing, transmitting, or otherwise making available User Content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party.
12.12 Use any portion of the Website for uploading, posting, e-mailing, transmitting, or otherwise making available User Content that is harmful to minors in any way, harassing, harmful, threatening, abusive, vulgar, obscene, defamatory, libelous, hateful, or racially, ethnically, or otherwise objectionable.
12.13 Use any portion of the Website for uploading, posting, e-mailing, transmitting, or otherwise making available junk mail, commercial advertisements, or any other form of commercial solicitation.
12.14 Violate the privacy of any third party, this includes, but is not confined to, posting personal information about another person or entity without consent.

13. PAYMENT METHODS
13.1 We have engaged the services of various third-party suppliers (“ Payment Method”) to collect and manage your payments. You acknowledge and agree that the Payment Methods will perform the following for us:
13.1.1 credit and background verification of our potential customers;
13.1.2 access updated payment reports;
13.1.3 credit administration, management, and collection;
13.1.4 legal assistance in credit recovery;
13.1.5 assessment of our customers’ dependability; and
13.1.6 receive, facilitate, and assign your credit that is due to us.
13.2 The Payment Method is responsible, and we shall not be liable, for any matter in connection with the processing of your payments.
13.3 You agree to notify us or the Payment Method about any billing problems or discrepancies within the period prescribed by the Payment Method supplier. If you do not do so within the prescribed period, you agree that you waive your right to dispute such problems or discrepancies.

14. PAYMENTS
14.1 You agree to provide updated information regarding your credit card or payment method at any time the information is needed.
14.2 You warrant and represent that you have the right and authority to use the credit card or payment method you have provided.
14.3 You give us and the Payment Method the pre-authorization to verify if your credit card or payment method account is valid and has the necessary funds or credit available to cover your payments.
14.4 You authorize such credit card or payment method to pay any amount described herein.
14.5 You confirm that your credited card or payment method has sufficient funds, credit facilities and valid expiry date to cover the payment.
14.6 You will receive an electronic invoice for your payments. This electronic invoice shall serve as your official receipt.
14.7 In case of payment delay, you will not be able to use any chargeable features of our Website or Service until the payment in due has been fully paid.
14.8 Upon delay with any payments, you may be required to pay interest on the delay (penalty for late payment) for the period as of the time the payment obligation falls due until conforming performance is rendered. We reserve the right to assess reasonable interest charges on any amounts not paid by the date such payments are due.
14.9 You are solely responsible for any and all fees charged to your credit card or payment method by the issuer, bank, or financial institution including, but not limited to, subscription, overdraft, insufficient funds, and over the credit limit fees.
14.10 All orders are subject to our credit approval. We reserve the right to withhold shipment or to require other adequate assurances of performance of your payment obligations as we, in our discretion, may require, notwithstanding any order confirmation issued by us.
14.11 All payments shall be paid in US Dollars. You may have to incur costs for conversion and transfer of money if applied by your financial service provider.
14.12 Other payment methods are accepted only if provided on our Website.

15. DISCLAIMERS
YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THE WEBSITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. NEITHER WE NOR ANY OF OUR AFFILIATES WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, MATERIALS OR SERVICES PROVIDED ON OR THROUGH THE WEBSITE. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THE WEBSITE MAY BE OUT OF DATE, AND NEITHER US, NOR ANY OF OUR AFFILIATES MAKE ANY COMMITMENT OR ASSUME ANY DUTY TO UPDATE SUCH INFORMATION, MATERIALS OR SERVICES. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM THE WEBSITE OR THROUGH OUR SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

16. LIMITATIONS OF LIABILITY
16.1 We do not assume any responsibility, or will be liable, for any damages to, or any viruses that may infect your computer, telecommunication equipment, or other property caused by or arising from your access to, use of, or browsing the Website, or downloading of any information or materials from this Website. IN NO EVENT WILL WE, OR ANY OF OUR OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS OR ASSIGNS, NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THE WEBSITE, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE WEBSITE, ANY SITE LINKED TO THE WEBSITE, OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED ON ANY OR ALL SUCH SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE THAT WE SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY, AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
16.2 IN THE EVENT OF ANY PROBLEM WITH THE WEBSITE OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE WEBSITE.
16.3 IN THE EVENT OF ANY PROBLEM WITH THE PRODUCTS OR SERVICES THAT YOU HAVE PURCHASED ON OR THROUGH THE WEBSITE, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS FROM THE MANUFACTURER OF SUCH PRODUCTS OR SUPPLIER OF SUCH SERVICES, IN ACCORDANCE WITH SUCH MANUFACTURER'S OR SUPPLIER'S WARRANTY, OR TO SEEK A RETURN AND REFUND FOR SUCH GOOD OR SERVICES IN ACCORDANCE WITH THE RETURNS AND REFUNDS POLICIES POSTED ON THE WEBSITE. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED THE GREATER OF (A) ONE HUNDRED U.S. DOLLARS ($100) OR (B) THE VALUE OF YOUR PURCHASE MADE ON THE WEBSITE OF THE PRODUCT OR SERVICE THAT CAUSED SUCH DAMAGE OR LOSS.