Terms of Service

These Terms of Service apply to the use of Fit People USA Programs and Service located at Fit People USA.com website. By registering as a member or by using the programs and of services of Fit People USA in any way, you accept these Terms of Service (‘Agreement’ or ‘Terms’), which forms a binding agreement between you and Fit People USA.  You should also read and understand the Fit People USA Privacy Policy, which is incorporated by reference into this Agreement and is available on the Fit People USA.com website.  We advise you to read these Terms and Conditions carefully so that you are aware of your rights and responsibilities when using FitPeopleUSA.com.  Questions about the Terms of Service should be sent to [email protected].
Prior to using Fit People USA.com Programs and Service, it is important for you to know and understand that by visiting the Site and/or using the Service, you are agreeing to accept certain liability limitations and legal and health disclaimers, which we further explain throughout this  Agreement.  In other words, your use of Fit People USA.com Programs and Service is at your own risk and we do not assume any liability, or make any warranties of any kind, express or implied, with respect to the Service or your use of the Service.
If you do not accept and agree to be bound by all of the Terms of this Agreement, including our private policy, limitations of liability, warranty disclaimers and general health and legal disclaimers, do not use the site of the Fit People USA Service.
By using the Service, you consent to receiving this Agreement in electronic form. To withdraw this consent, you must cease using the Service and terminate your account.
Please contact us with any questions regarding this Agreement.
 

Health Warning and Liability Disclaimer:

You should consult your physician or other health care practitioner before starting this or any other exercise program.  This is particularly true if you or your family have a history of high blood pressure or heart disease, of if you have experienced discomfort while exercising.  Nothing stated or posted on the Fit People USA.com website (Programs and Service) is intended to be, and must not be taken to be, to overrule your doctor's advice.  Your use of Fit People USA.com Programs and Service is at your own risk.   If your experience faintness, dizziness, pain or shortness of breath at any time while exercising, you should stop immediately.
Age Requirement: Children under 16 years of age should not use the products of Fit People USA.com Programs and service
Notice to parents and guardians: You are responsible for monitoring and supervising your child’s use of Fit People USA.com Programs and Service. 
 

General Disclaimers

  • That Fit People USA.com Service or any fitness program is suitable for you.
  • Regarding the adequacy or safety of the Fit People USA.com Service for any particular user;
  • That the Fit People USA.com Service will meet your personal needs;
  • That the Fit People USA.com  Service will be permitted in your jurisdiction;
  • That the Fit People USA.com  Service will be uninterrupted or error-free;
  • Concerning any content submitted by any member;
  • Concerning any third party’s use of content that you submit;
  • That Fit People USA.com will continue to support any particular feature of the Fit People USA.com Programs and Service; or
  • Concerning sites and resources outside of the Fit People USA.com website, even if linked to from the Fit People USA.com 
 

Limitation of Liability

To the fullest extent permitted by law: (i) in no event shall Fit People USA (Fit People USA.com /Programs and Services) or its  future affiliates, be liable for any direct, indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to damages for personal injury, death, loss of livelihood, loss of enjoyment, pain and suffering, emotional distress, loss of profits, loss of future earnings, goodwill, use, and/or any other damages or other intangible losses; and (ii) Fit People USA.com total liability to you shall not exceed the amounts paid by you to Fit People USA.com  the twelve (12) months preceding your claim(s).
IF YOU DO NOT ACCEPT THIS LIMITATION OF LIABILITY, YOU ARE NOT AUTHORIZED TO OBTAIN OR ACCESS ANY MATERIAL THROUGH THE SERVICE OR SITE.
 

Privacy

Your privacy rights are set forth in our Privacy Policy, which forms a part of this Agreement. Please review the Privacy Policy to learn about:
  • What information we may collect about you;
  • What we use that information for; and
  • When and with whom we share that information.

 

 Membership Provisions

REGISTRATION: To fully use Fit People USA Programs and Service, you must register as a member by providing a username, password, valid email address and valid credit card information. You must provide complete and accurate registration information to [email protected] and notify us if your information changes.
USERNAME: You may not use someone else’s name, a name that violates any third party right, or a name that is obscene or otherwise objectionable.
NON-COMMERCIAL USE: Use of the Site and Service is for personal use only. Members may not use the Service in connection with any commercial endeavors, such as (i) advertising or soliciting any user to buy or sell any products or services; or (ii) for commercial purposes. Users of the Site may not use any information obtained from the Service to contact, advertise to, solicit, or sell to any other user without his or her prior explicit consent. Organizations, companies, and/or businesses may not use the Service or the Site for any purpose unless expressly authorized by Fit People USA.com. If you wish to inquire about possible commercial use, please contact us at [email protected]
Fit People USA.com may investigate and take any available legal action in response to illegal and/or unauthorized uses of the Site or the Service.
ACCOUNT SECURITY: You are responsible for all activity that occurs under your account, including any activity by unauthorized users. You must not allow others to use your account. You must safeguard the confidentiality of your password. If you are using a computer that others have access to, you must log out of your account after using the Fit People USA Service. If you become aware of any unauthorized access to your account, you must change your password and notify us immediately at [email protected].
In case of technical problems, Fit People USA has up to 72 hours to restore on working days Monday-Friday.
Presently the memberships mentioned hereunder are available*:
  1. Gold – subscription  for a minimum of 3 months,  always 1 month notice period
  2. VIP  - subscription for  a minimum of 3 months, always 1 month notice period
  3. Heavenly Health – subscription for a minimum of 3 months, always 1 month notice period
  4. Membership basic – subscription for a minimum of 3 months, always 1 month notice period.
Please note that subscriptions are for an indefinite period of time.

 

Payments

Auto billing; Subscription Fees. The Fit People USA is a paid, auto-renewing subscription service. If you purchase a subscription, you are agreeing to automatic (recurring) billing, and agree to pay the charges made to your account in connection therewith.  When applied for a subscription, a probation period of  two weeks  is granted and free of charge, this applies to ArthroFit, BackFit, Perfect Pilates.  On the 15th day your Subscription officially starts and will be at least for three (3) months. Subscriptions will continue for an indefinite period of time until cancelled by you with a period of one month notice.  Note: Heavenly Health Food program is excluded from this 2-week free period. 
In case the selected purchased program is not satisfactory, it may be changed only once for another available program within 30 days of the purchase date. A request mail is to be sent to [email protected],
When registering  with Fit People USA, the first two weeks are free of charge, if you do not wish to continue, you should notify [email protected] before the expiry date of the 14day free period.
You will be charged in accordance with the billing terms you agreed to at the time you signed up. If you do not wish for your account to renew automatically, or if you want to change or terminate your subscription, you can contact [email protected]

 

Termination of the subscription

has to be submitted by the customer itself and not by a 3rd person.  In exceptional cases it can be done by a legal representative.
Please email to [email protected] . if you are having any issues so they can guide you.  For possibly future reference keep your email correspondence with respect to cancellation subscription.
The pricing of our Programs and Service may vary periodically. We cannot guarantee that the price of your Subscription is the lowest available, or historically lowest or best price.
Many of our Subscriptions are monthly subscriptions, which means that by signing up for the Service you are agreeing to have your credit card automatically billed each month until you cancel your subscription. You may cancel your Fit People USA subscription at any time but note that your cancellation will take effect starting at the end of your current billing period with one-month notice.
We offer Subscriptions for 12, 6 with a minimum of 3 months fixed. Subscriptions are for an indefinite period of time.  It is up to you how long you want to stay a member of Fit People USA. These longer-term Subscriptions are charged in full upon purchase, and automatically renew for the same duration as the initial Subscription term you selected.  The amount due for the next renewal term will be due and immediately payable in full and charged as of the first day of such renewal term. You can always cancel before your next renewal term by informing by Fit People USA by email.

REFUNDS.

Sorry, there are no refunds on Fit People USA subscriptions for billing periods that have already lapsed or started.

AUTHORIZATION. 

When you sign up for our Service and provide a payment method to Fit People USA, you are granting your express consent and are expressly authorizing us (and our designated payment processor) to automatically charge you each month for the Service.
If you provide a payment method and our charge results in an overdraft, chargeback or other fee from your bank, you alone are responsible for that fee.
EVEN IF YOU DO NOT USE THE SUBSCRIPTION OR ACCESS THE FIT PEOPLE USA APPLICATION, YOU WILL BE RESPONSIBLE FOR ANY SUBSCRIPTION FEES UNTIL YOU CANCEL YOUR SUBSCRIPTION OR IT IS OTHERWISE TERMINATED. YOU ARE RESPONSIBLE TO NOTIFY [email protected] OF ANY ISSUES WITH YOUR ACCOUNT IMMEDIATELY, SO WE CAN RESOLVE THE ISSUES..

CHANGES. 

Fit People USA may change, modify, add, remove, suspend, cancel or discontinue any aspect of it subscriptions including the functionality, content, and/or availability of any features of such subscriptions at any time in Fit People USA’s sole discretion.
Fit People USA may increase its fees for any subscription effective the first day of a billing renewal by giving you notice of the new fees at least thirty (30) days before you are billed. If you have and do not cancel your subscription, you will be deemed to have accepted the new fees.

Term and Termination; Account Deletion

TERM:

This Agreement begins on the date you first use the Fit People USA.com and Fit People USA  Service and continues as long as you have an account with us.
CANCELING YOUR SUBSCRIPTION: To cancel your subscription, send an email to [email protected]
An email will be sent to the email address we have on file for that subscription confirming the cancellation has gone through

ACCOUNT DELETION:

We reserve the right, but are under no obligation to, to delete an account from the Fit People USA.com Service that remains inactive (i.e., the user fails to log in) for a continuous period of at least six (6) months, or immediately when payment expires, is withdrawn or otherwise ceases.

TERMINATION FOR BREACH:

Fit People USA may suspend, disable, or delete your account (or any part thereof) or block or remove any content you submitted if Fit People USA determines that you have violated any provision of this Agreement or that your conduct or content would tend to damage Fit People USA’s reputation or goodwill. If Fit People USA deletes your account for the foregoing reasons, you may not re-register for the Fit People USA Service. Fit People USA may block your email address and Internet Protocol address to prevent further registration. Fit People USA is not required to disclose, and may be prohibited by law from disclosing, the reason for the termination or suspension of your account.
After your membership or subscription is terminated for any reason, all terms of this Agreement survive such termination, and continue in full force and effect, except for any terms that by their nature expire or are fully satisfied.
EFFECT OF TERMINATION/ACCOUNT DELETION: Upon termination, all licenses granted by Fit People USA will terminate.

 

Content Restrictions

You may not upload, post, or transmit (collectively, “submit”) any video, image, text, audio recording, or other work (collectively, “content”) that:
  • Infringes any third party’s copyrights or other rights (e.g., trademark, privacy rights, etc.);
  • Contains sexually explicit content or pornography (provided, however, that non-sexual nudity is permitted);
  • Contains hateful, defamatory, or discriminatory content or incites hatred against any individual or group;
  • Advocates harassment or intimidation of another person;
  • Exploits minors;
  • Depicts unlawful acts or extreme violence;
  • Contains video, audio photographs, or images of another person without his or her permission (or in the case of a minor, the minor’s legal guardian);
  • Depicts animal cruelty or extreme violence towards animals; or
  • Contains viruses, time bombs, trojan horses, cancelbots, worms or other harmful, or disruptive codes, components or devices.
 

Code of Conduct and Prohibited Activities

In using the Fit People USA Service, you must behave in a civil and respectful manner at all times. Further, you will not and it is strictly prohibited to:
  • Act in a deceptive manner by, among other things, impersonating any person;
  • Harass or stalk any other person;
  • Harm or exploit minors;
  • Distribute “spam”;
  • Promote information that is false or misleading, or promote illegal activities or conduct that is defamatory, libelous or otherwise objectionable;
  • “Frame” or “mirror” any part of the Service or the Site;
  • Use meta tags or code or other devices containing any reference to Fit People USA the Site or the Service (or any trademark, trade name, service mark, logo or slogan of Fit People USA  to direct any person to any other website for any purpose;
  • Modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Service or the Site or any software used on or for the Service or the Site, or cause others to do so;
  • Post, use, transmit or distribute, directly or indirectly, (e.g. screen scrape) in any manner or media any content or information obtained from the Site or the Service other than solely in connection with your use of the Service in accordance with this Agreement.
  • Collect information about others;
  • Advertise or solicit others to purchase any product or service within the Fit People USA Site;
  • Promote fraudulent schemes, multi-level marketing (MLM) schemes, get rich quick schemes, online gaming and gambling, cash gifting, work from home businesses, or any other dubious money-making ventures;
  • Publicize or promote commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes.; or
  • Participate in any activity that in any way violates any law.
 
Fit People USA has the right, but not the obligation, to monitor all conduct on and content submitted to the Fit PEOPLE USA.com and Service. Fit People USA reserves the right to alter, edit, remove, or refuse to post any content, in whole or in part in its sole discretion and/or to satisfy or comply with applicable laws, regulations and/or legal processes.
Fit People USA reserves the right, in its sole discretion, to investigate and take appropriate legal action against anyone who violates our Terms, including removing the offending communication from the Site or Service and terminating or suspending the membership of such violators.
Your use of the Site and Service, including all Content you post through the Service, must comply with all applicable laws and regulations. You agree that Fit People USA  may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary, such as to: (i) comply with legal process; (ii) enforce this Agreement; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service or allow you to use the Site in the future; or (v) protect the rights, property or personal safety of the Company or any other person.
FIT PEOPLE USA is not responsible for the attitudes, behavior and statements of the community as such.

Submissions

As between you and Fit People USA.com, you own all content that you submit to the Fit People USA.com Service, whether directly via the Fit People USA.com, FIT PEOPLE USA Service or indirectly (for example, via Facebook or Instagram. However, it is important that you understand that by posting a submission to Fit People USA.com or Fit People USA Programs and Service, you are granting Fit People USA.com, Fit People USA Service and its affiliates a worldwide, perpetual, irrevocable, non-exclusive, sub-licensable (through multiple tiers) royalty-free license and right to use, copy, transmit, distribute, publicly perform and display (through all media now known or hereafter created), and make derivative works from your content (including without limitation, your name and likeness, photographs and testimonials) for any purpose whatsoever commercial or otherwise without compensation to you. In addition, you waive any so-called “moral rights” or “performance rights” in your content.
You further grant all users of the Fit People USA.com and Fit People USA Programs and Service permission to view your content for their personal, non-commercial purposes. If you make suggestions to Fit People USA.com on improving or adding new features to the Fit People USA.com or Fit People USA Service, Fit People USA.com shall have the right to use your suggestions without any compensation to you.
For each piece of content that you submit, you represent and warrant that: (i) you have the right to submit the content to Fit People USA.com and grant the licenses set forth above; (ii) FIT PEOPLE USA will not need to obtain licenses from any third party or pay royalties to any third party; (iii) the content does not infringe any third party’s rights, including intellectual property rights and privacy rights; and (iv) the content complies with this Agreement and all applicable laws.

 

Indemnification

You agree to indemnify, defend, and hold harmless Fit People USA. com, Fit People USA and its affiliates, directors, officers, employees, and agents, from and against any liability, claims, damages, losses and costs (including reasonable attorney’s fees) that: (i) arise from your activities on the Fit People USA.com Service; (ii) assert a violation by you of any term of this Agreement; or (iii) assert that any content you submitted to Fit People USA.com violates any law or infringes any personal right or third party right, including any intellectual property or privacy right. Fit People USA.com reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Fit People USA.com in connection therewith.
License to Use FIT PEOPLE USA Service/Intellectual property rights

 

LICENSE:

Fit People USA, the owner of the licensee of all intellectual property rights, grants you a limited, non-exclusive license to access and use the Fit People USA Programs and Service for your own personal, non-commercial purposes. This includes the right to view content available on the Fit People USA Programs and Service. This license is personal to you and may not be assigned or sublicensed to anyone else.

RESTRICTIONS:

Except as expressly permitted by Fit People USA in writing, you will not reproduce, redistribute, publicly display, sell, create derivative works from, decompile, reverse engineer, or disassemble the Fit People USA Service. Nor will you take any measures to interfere with or damage the Fit People USA Service. All rights not expressly granted by FIT PEOPLE USA are reserved.
MOBILE DEVICES, APPLICATIONS AND SET-TOP BOXES/EXTERNAL DEVICES:
These Terms of Service, and all of the provisions herein, also govern the use of our mobile, desktop and set-top devices and related applications (for example, iOS devices, Android devices, Roku, Xbox, Playstation and other such devices and their corresponding apps).
Your use of the FIT PEOPLE USA Service through any applications or device constitutes your agreement to be bound by these Terms.
Any FIT PEOPLE USA application, regardless of the manner and means in which it is downloaded (for example the Apple AppStore, Google Android Marketplace, your console’s app store, etc.) is licensed, not sold, to you for use only under these Terms. We, the licensor, Fit People USA, LLC. (Application Provider) reserve all rights not expressly granted to you.

Third Party Links and Content

Certain links on FitPeopleUSA.com Sites and/or Fit People USA Programs and Service may let you leave the particular FitPeople USA.com, Fit People USA Site and Fit People USA Service you are accessing in order to access a linked site (the “Linked Sites”). When you are linking to a third party site, it is important to know that FitPeopleUSA.com and Fit People USA do not control these sites, nor has Fit People USA.com and Fit People USA reviewed or approved the content which appears on the linked sites. Fit People USA.com and Fit People USA is not responsible for the legality, accuracy or nature of any content, advertising, products or other materials on or available from any linked sites, or the conduct of such linked sites. You acknowledge and agree that Fit People USA.com and Fit People USA shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of any of the links, content, goods or services available on or through the linked sites.


Dealings with Third Parties

More specifically, your participation, correspondence or business dealings with any third party found on or through the Fit People USA.com and Fit People USA Sites and Service (i.e. a linked site), regarding payment and delivery of specific goods and services, and any other terms, conditions, representations or warranties associated with such dealings, are solely between you and such third party. You agree that Fit People USA.com and Fit People USA shall not be responsible or liable for any loss, damage, or other matters of any sort incurred as the result of such dealings.
You acknowledge that the Fit People USA.com and Fit People USA Site and Services contain software, graphics, photos, videos, know-how, product ideas, comments and other material (collectively, “Content”) that is protected by copyrights, patents, trademarks, trade secrets or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. All Fit People USA.com and Fit People USA-generated Content and Content developed for Fit People USA.com and Fit People USA by its partners and licensors is copyrighted individually and/or as a collective work under the U.S. copyright laws; further, Fit People USA.com and Fit People USA own a copyright in the selection, coordination, arrangement and enhancement of all Content in the Fit People USA.com and Fit People USA Site. The FitPeopleUSA.com and Fit People USA name, logos and affiliated applications and technologies are the exclusive property of Fit People USA.com and Fit People USA LLC.  Fit People USA owns and retains all proprietary rights in the Site and the Service, and in all content, trademarks, trade names, service marks and other intellectual property rights related thereto. You agree to not copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted material, trademarks, trade names, service marks, or other intellectual property or proprietary information accessible on the Site or through the Service, without first obtaining the prior written consent of the Company or, if such property is not owned by the Company, the owner of such intellectual property or proprietary rights. You agree to not remove, obscure or otherwise alter any proprietary notices appearing on any content, including copyright, trademark and other intellectual property notices. E-books should not be transmitted to third parties, in case of violation, a penalty of $10.000 is to be made payable to Fit people USA within one week’s time.

Copyright / DMCA Policy

You may submit this information via:
  1. Email: [email protected]
If you believe that your material has been removed by mistake or misidentification, please provide Fit People USA.com with a written counter-notification containing the following information:
  1. Your name, address, and telephone number.
  2. A description of the material that was removed and the location on the Fit People USA Site (e.g., the URL) where it previously appeared.
  3. A statement UNDER PENALTY OF PERJURY that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification.
  4. A statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, any judicial district in which fitpeopleusa.com and Fit People USA may be found (which includes the United States District Court for the Southern District of New York), and that you will accept service of process from the person who filed the original DMCA notice or an agent of that person.
  5. Your electronic or physical signature.
You may submit this information via:
  1. Email: [email protected]
  2. Offline: [email protected] and Fit People USA’s Copyright Agent
  3. Please note that we will send any complete counter-notifications we receive to the person who submitted the original DMCA notice. That person may elect to file a lawsuit against you for copyright infringement. If we do not receive notice that a lawsuit has been filed within ten (10) business days after we provide notice of your counter-notification, we will restore the removed materials. Until that time, your materials will remain removed.
Warning
In filing a DMCA notice or counter-notification, please make sure that you have complied with all of the above requirements. If we request additional information necessary to make your DMCA notice or counter-notification complete, please provide that information promptly. If you fail to comply with all of these requirements, your DMCA notice or counter-notification may not be processed further.
In addition, please make sure that all of the information you provide is accurate. UNDER SECTION 512(f) OF THE COPYRIGHT ACT, 17 U.S.C. § 512(f), ANY PERSON WHO KNOWINGLY MATERIALLY MISREPRESENTS THAT MATERIAL OR ACTIVITY IS INFRINGING OR WAS REMOVED OR DISABLED BY MISTAKE OR MISIDENTIFICATION MAY BE SUBJECT TO LIABILITY.
Fit People USA.com and FIT PEOPLE USA may disclose any communications concerning DMCA notices or other intellectual property complaints with third parties, including the users who have posted the allegedly infringing material.
If you have questions about the legal requirements of a DMCA notice, please contact an attorney or see Section 512(c)(3) of the U.S. Copyright Act, 17 U.S.C. § 512(c)(3), for more information. If you have questions about the legal requirements of a DMCA counter-notification, please contact an attorney or see Section 512(g)(3) of the U.S. Copyright Act, 17 U.S.C. § 512(g)(3), for more information.
 

General Provisions

ARBITRATION AND GOVERNING LAW:
The exclusive means of resolving any dispute or claim arising out of or relating to this Agreement (including any alleged breach thereof), the Service, or the Site shall be BINDING ARBITRATION administered by the American Arbitration Association. The one exception to the exclusivity of arbitration is that you have the right to bring an individual claim against Fit People USA in a small-claims court of competent jurisdiction. But whether you choose arbitration or small-claims court, you may not under any circumstances commence or maintain against Fit People USA or its affiliates any class action, class arbitration, or other representative action or proceeding.
By using the Site or the Service in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and Fit People USA or its affiliates (except for matters that may be taken to small-claims court). YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. If this arbitration agreement is for any reason held to be unenforceable, any litigation against Fit People USA.com and Fit People USA (except for small-claims court actions) may be commenced only in the federal or state courts located in New Jersey, Delaware. You hereby irrevocably consent to the jurisdiction of those courts for such purposes and you irrevocably waive any right to a trial by jury.
This Agreement, and any dispute between you and Fit People USA, shall be governed by the laws of the state of Delaware without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.
INTERPRETATION; SEVERABILITY; WAIVER; REMEDIES: Headings are for convenience only and shall not be used to construe the terms of this Agreement. If any term of this Agreement is found invalid or unenforceable by any court of competent jurisdiction, that term will be severed from this Agreement. No failure or delay by Fit People USA in exercising any right hereunder will waive any further exercise of that right. Fit People USA’s rights and remedies hereunder are cumulative and not exclusive.
SUCCESSORS; ASSIGNMENT; NO THIRD PARTY BENEFICIARIES: This Agreement is binding upon and shall inure to the benefit of both parties and their respective successors, heirs, executors, administrators, personal representatives, and permitted assigns. You may not assign this Agreement without Fit People USA’s prior written consent. No third party shall have any rights hereunder.
NOTICES: You consent to receive all communications including notices, agreements, disclosures, or other information from Fit People USA electronically. Fit People USA may provide all such communications by email or by posting them on Fit People USA .com. For support-related inquiries, you may send an email to [email protected]
Nothing herein shall limit fitpeopleusa.com and Fit People USA’s right to object to subpoenas, claims, or other demands.
MODIFICATION: This Agreement may not be modified except by a revised Terms of Service posted by Fit People USA.com and Fit People USA on the fitpeopleusa.com and FIT PEOPLE USA Site or a written amendment signed by an authorized representative of Fit People USA.com and Fit People USA. A revised Terms of Service will be effective as of the date it is posted on the Fit People USA.com and FIT PEOPLE USA Site.
ENTIRE AGREEMENT: This Agreement incorporates the following documents by reference:
1.Privacy Policy
This Agreement constitutes the entire understanding between FIT PEOPLE USA and you concerning the subject matter hereof and supersedes all prior agreements and understandings regarding the same.
2.Terms and Conditions for online sale and purchase of equipment.

 

TERMS AND CONDITIONS FOR ONLINE SALE AND PURCHASE OF EQUIPMENT

These Terms will apply to any contract between us for the sale of Equipment to you (Contract). Please read these Terms carefully and make sure that you understand them, before ordering any Equipment from our site. Please note that before placing an order you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to order any Equipment from our site.
You should print a copy of these Terms or save them to your computer for future reference.
We amend these Terms from time to time. Every time you wish to order Equipment, please check these Terms to ensure you understand the terms which will apply at that time. We amend these Terms from time to time. These Terms were most recently updated. (sept.20).

Our Equipment

The images of the Equipment on our site are for illustrative purposes only. Although we have made every effort to display the colors accurately, we cannot guarantee that your computer's display of the colors accurately reflect the color of the Equipment. Your Equipment may vary slightly from those
 Our shopping pages will guide you through the steps you need to take to place an order with us. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.
After you place an order, you will receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place .
We will confirm our acceptance to you by sending you an e-mail that confirms that the Equipment has been dispatched (“Dispatch Confirmation”). The Contract between us will only be formed when we send you the Dispatch Confirmation.
If we are unable to supply you with Equipment, for example because that Equipment is not in stock or no longer available or because we cannot meet your requested delivery date or because of an error in the price on our site, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Equipment, we will refund you the full amount including any delivery costs charged as soon as possible.
Every time you order Equipment from us, the Terms in force at the time of your order will apply to the Contract between you and us.
All sales are final. We are not responsible for items lost or damaged during shipping. For your convenience, there is the option to add USPS insurance to your order. Simply add it to your cart before completing your purchase.
We are unable to make exchanges once an order has been shipped. Please notify us immediately if you have selected the wrong item when making a purchase, and we will do our best to cancel your order before it is processed so that you can place the correct order
 
In general delivery of a product is within 60 days. if there are unforeseen circumstances, like weather, virus, no transport, then it is force majeure, no money will not be refunded.
If the Equipment is delivered damaged or broken, a photo and video must be made of the product within 24 hours of delivery and sent to [email protected] .  In case of shipping damage, both supplier and delivery service will be contacted to dispatch a new item.
f the Equipment has not been delivered within the period, send an email to [email protected] and a suitable solution will be sought within 10 working days
The price of Equipment will be as quoted on our site at the time you submit your order. We take all reasonable care to ensure that the prices of Equipment are correct at the time when the relevant information was entered onto the system.
It is always possible that, despite our reasonable efforts, some of the Equipment on our site may be incorrectly priced. If we discover an error in the price of the Equipment you have ordered, we will contact you to inform you of this error and we will give you the option of continuing to purchase the Equipment at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing.
 Prices for our Equipment may change from time to time, but changes will not affect any order you have already placed.
No rights can be derived from grammatical errors or wrong prices.
The price of Equipment does not include delivery charges. Our delivery charges are as advised to you during the check-out process, before you confirm your order. 
You can only pay for Equipment using a debit card or credit card. We accept the following cards: VISA and MasterCard.
Please note that some credit card companies will charge a currency conversion fee to your credit card account when processing your payment.
Payment for the Equipment and all applicable delivery charges is in advance.

Our liability if you are a consumer

We only supply the Equipment to you for domestic and private use. You agree not to use the Equipment for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
We do not in any way exclude or limit our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
Events outside our control
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below:
An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, pandemic/epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
(1) we will contact you as soon as reasonably possible to notify you; and
(2) our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Equipment to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
(3) Contacting Us
(4) If you wish to contact us for any reason, including because you have any complaints, you can contact us by e-mailing us at [email protected]
(5)If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.
If you are a consumer, you may only purchase Equipment from our site if you are at least 18 years old.