Terms and Conditions of Use
Welcome to the AmericanFitness.net website (the “Site”). Boofighter, LLC (“Boofighter”), provides services to you subject to the notices, terms, and conditions set forth in this agreement (“Agreement”). Accessing, browsing, or otherwise using the Site indicates your agreement to all the terms and conditions in this Agreement. Additional terms, policies, and conditions apply to some services offered on the Site, and they are incorporated into this Agreement by this reference. We reserve the right to update or modify the Site and the terms of this Agreement at any time without prior notification. By continuing to use the Site after we post any such changes, you accept the Agreement, as modified. For this reason, you should review the Terms each time you use the Site. The Site is provided by Boofighter and our third party internet service providers, including Network Solutions, a wholly-owned subsidiary of Web.com Group, Inc.
Use of the Site
You represent and warrant that you are at least 18 years old, or using the Site under the supervision of a parent or guardian.
The Site may be accessed and used for the purpose of shopping for items sold on the Site. You may not make any commercial use of any of the information provided on the Site or make any use of the Site for the benefit of another business unless explicitly permitted by us in advance. You may not violate or attempt to violate the security of the site, or use any device, tool, or harmful code to interfere or attempt to interfere with the proper operation of the Site.
You certify that the information you provide on the Site is accurate and complete. You are solely responsible for the confidentiality of your account login and password and for all statements made and acts or omissions that occur on your account, including financial obligations. If you believe your password or account has been used without your authorization, you must notify us immediately. Your account may be restricted or terminated for any reason, at our sole discretion.
We reserve the right to refuse service, terminate accounts, and/or cancel orders at our discretion, including if we believe that customer conduct violates applicable law or is harmful to our interests. We may change, suspend, discontinue, or limit access to the Site at any time without notice.
Information Provided on the Site
All features, descriptions, specifications, images, and prices of products and services available on the Site are subject to change at any time without notice. We attempt to describe products as accurately as possible, but do not warrant that product descriptions or other information and content on the Site is accurate, complete, reliable, timely, or free of errors. Product weights and measurements are approximate and provided for informational purposes. Before you act on information you have found on the Site, you should confirm any facts that are important to your decision. We make reasonable efforts to accurately display colors of products, but cannot guarantee that your monitor or screen will accurately display all colors. The inclusion of products and services at any particular time on the Site does not imply or warrant that they are currently available.
Health and fitness information appears on the Site for educational and informational purposes only. No health, wellness, or fitness information is intended to substitute for the diagnosis, treatment, and advice of a trained and licensed medical or sports professional. Boofighter assumes no responsibility for any consequence relating directly or indirectly to any action or inaction you take based on health and fitness information located on the Site.
Any reviews, questions, comments, ideas, or suggestions you post, submit, or provide to the Site (collectively, “Submissions”), will be treated as non-confidential and non-proprietary. By providing Submissions, you warrant that you are the sole author and owner of the Submissions, and the Submissions will not cause injury to any person or entity. You shall not use a false email address or pretend to be someone other than yourself. By providing Submissions, you grant Boofighter a royalty-free, worldwide, perpetual, irrevocable, unlimited, nonexclusive license to use, copy, display, publish, perform, create derivative works from, modify, edit, translate, distribute, transmit, lease, broadcast, and market such Submissions by any means and in any form.
The following submissions are prohibited on the Site:
- Confidential indentifiable information about yourself or others
- False, inaccurate, or misleading information
- Submissions that impersonate another person or business
- Submissions that violate any local, state, federal, or international laws
- Submissions that infringe on the rights of others
- Advertisements, solicitations, or spam links to other web sites
- Submissions that contain viruses or other harmful code
We have the right, but not the obligation, to monitor, edit, delete, or refuse to post any Submissions for any reason. We have no obligation to use, return, review, or respond to any Submissions. We have no liability related to the content of any Submissions. You agree to indemnify Boofighter from any and all claims resulting from Submissions that you post or provide.
Trademarks and Copyrights
The Site and its contents are intended for your personal use. Unless otherwise noted, all copyrights, trademarks, and other intellectual property and materials, including text, graphics, images, videos, audio clips, logos, taglines, slogans, designs, icons, and software (collectively, “IP”) are owned, controlled, or licensed by Boofighter, its affiliates, or third parties who have licensed their materials to Boofighter and are protected by United States and international trademark and copyright laws. You may not modify, publish, adapt, transmit, participate in the transfer or sale, exhibit, distribute, display, reverse engineer, decompile, dissemble, perform, reproduce, create derivative works from, or in any way exploit the any of the IP on the Site, in whole or in part. You may access, view, download, and print the IP and other materials on the Site for your personal, non-commercial use only, provided that no changes in or deletion of author attribution, trademark, copyright notice, or other proprietary notices are made. Downloading or copying IP on the Site for other than personal, noncommercial use is prohibited without prior written permission of us of any other copyright owner. No license, right, title, or interest in any IP is transferred to you as a result of your use of the Site. You are solely responsible and liable for any and all damages resulting from any infringement of copyrights and proprietary rights.
Copyright Infringement Claims
If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us and we will make all efforts to remedy the situation as quickly as possible.
When you visit the Site or send emails to us, you are communicating with us electronically. You agree to receive communications from us electronically. You agree that all agreements, notices, disclosures, and other communications provided to you by us electronically satisfy any legal requirements that such communications be in writing.
Orders and Shipping
We reserve the right to refuse or cancel an order for any reason including limitations on quantities available for purchase, errors in product or pricing information, inaccurate billing information, or possible credit card fraud. We will contact you if your order is canceled or if more information is needed to process the order. If an order is canceled after your credit card has been charged, you will be issued a credit in the amount of the charge. For more information on order processing, including product return and refund policies, please see our Customer Service policies located at http://www.americanfitness.net/customer-service.aspx.
Items purchased on the Site are available for delivery to U.S. addresses. For more information on product shipping, please see our Shipping Policy located at http://www.americanfitness.net/shipping-policy.aspx.
Risk of Loss
All items purchased from the Site are made pursuant to a shipment contract. The risk of loss and title for such items pass to you upon delivery to the carrier.
This site contains links to websites owned and operated by third parties. We are not responsible for the operation of these sites or the content contained on them. Your use of a third party websites linked from the Site is at your own risk and will be governed by such third party’s terms and policies.
THIS SITE IS PROVIDED BY US ON AN ‘”AS IS” BASIS. BOOFIGHTER, AND ANY THIRD PARTY INTERNET SERVICE PROVIDERS OF THE SITE, MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, SERVICES, OR PRODUCTS INCLUDED ON THE SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. THIS SITE MAY INCLUDE INACCURACIES, MISTAKES OR TYPOGRAPHICAL ERRORS. WE DO NOT WARRANT THAT THE CONTENT WILL BE UNINTERRUPTED, UP TO DATE, OR ERROR FREE. WE DO NOT WARRANT THAT THIS SITE, ITS SERVERS, OR EMAIL SENT FROM THE SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
ALL PRODUCTS AND SERVICES PURCHASED ON OR THROUGH THE SITE ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURERS, DISTRIBUTORS, AND SUPPLIERS, IF ANY. WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE PRODUCTS AND SERVICES LISTED OR PURCHASED ON OR THROUGH THE SITE. 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.
Limitation of Liability
Neither Boofighter, nor any third party internet service providers of the Site, assume any responsibility or liability for any damages to, or any viruses or other malware that may infect, your computer, telecommunication equipment, or other property caused by or arising from your access to, use of, or browsing the Site, or your downloading of any information or materials from the Site.
IN NO EVENT WILL BOOFIGHTER OR ANY OF OUR RESPECTIVE AFFILIATES, EMPLOYEES, OFFICERS, AGENTS, DIRECTORS, VENDORS, OR SUPPLIERS, NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THE SITE, 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, BUSINESS INTERRUPTION, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE SITE, ANY WEB SITES LINKED TO THE SITE, OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED ON ANY OR ALL SUCH WEB SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUBJECT TO THE FOREGOING, IN NO EVENT SHALL BOOFIGHTER BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE AMOUNT OF FEES ACTUALLY PAID BY YOU TO US IN CONNECTION WITH YOUR USE OF THE SITE DURING THE MONTH IMMEDIATELY PRECEEDING THE ACT ALLEGEDLY GIVING RISE TO OUR LIABILITY. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
IN THE EVENT OF ANY PROBLEM WITH THE SITE OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE SITE. IN THE EVENT OF ANY PROBLEM WITH THE PRODUCTS OR SERVICES THAT YOU HAVE PURCHASED ON OR THROUGH THE SITE, 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 PRODUCT OR SERVICES IN ACCORDANCE WITH THE RETURNS AND REFUNDS POLICIES POSTED ON THE SITE. INFORMATION ON OUR RETURNS POLICY CAN BE FOUND AT http://www.americanfitness.net/customer-service.aspx.
Site Policies, Modification, and Severability
Please review our other policies, including our Customer Service policies located at http://www.americanfitness.net/customer-service.aspx and Shipping Policy located at http://www.americanfitness.net/shipping-policy.aspx. These policies also govern your visit to the Site. We reserve the right to make changes to the Site, policies, and this Agreement at any time. If any provision shall be deemed invalid, void, or for any reason unenforceable in any jurisdiction, that provision shall be deemed severable in such jurisdiction only, and shall not affect the validity and enforceability of any remaining condition.
By visiting the Site, you agree that the laws of the State of Oregon, USA, without regard to principles of conflict of laws, will govern this Agreement and any dispute of any sort that might arise between you and Boofighter or its associates.
Boofighter, LLC (dba American Fitness) 8630 SW Scholls Ferry Road, Suite 323, Beaverton, OR 97008