{"id":47,"date":"2022-11-06T13:59:46","date_gmt":"2022-11-06T13:59:46","guid":{"rendered":"https:\/\/fitnessboost.net\/?page_id=47"},"modified":"2022-11-06T13:59:46","modified_gmt":"2022-11-06T13:59:46","slug":"terms-and-conditions","status":"publish","type":"page","link":"https:\/\/fitnessboost.net\/terms-and-conditions\/","title":{"rendered":"Terms and Conditions"},"content":{"rendered":"

Effective Date: November 1, 2016<\/strong><\/p>\n

To review material modifications and their effective dates scroll to the bottom of the page.<\/p>\n

    \n
  1. Parties. The parties to these Terms of Use are you, and the owner of this fitnessboost.net website business, Patriot Publishing LLC (\u201cPatriot Publishing\u201d). All references to \u201cwe\u201d, \u201cus\u201d, \u201cour\u201d, this \u201cwebsite\u201d or this \u201csite\u201d shall be construed to mean this website business and Patriot Publishing.<\/li>\n
  2. Modification. We reserve the right to modify these Terms of Use at any time, and without prior notice, by posting an amended Terms of Use that is always accessible through the Terms of Use link on this site\u2019s home page. You should scroll to the bottom of this page periodically to review material modifications and their effective dates. YOUR CONTINUED USE OF THIS SITE FOLLOWING OUR POSTING OF A MODIFICATION NOTICE OR NEW TERMS OF USE ON THIS SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE MODIFICATION OR NEW TERMS OF USE.<\/li>\n
  3. Use And Restrictions. Subject to these Terms of Use, our Privacy Policy, and the additional policies posed at the bottom of our home page, including without limitation our Return Policy, you may use the public areas of this site, but only for your own internal purposes. You agree not to access (or attempt to access) this site by any means other than through the interface we provide, unless you have been specifically allowed to do so in a separate agreement. You agree not to access (or attempt to access) this site through any automated means (including use of scripts or web crawlers), and you agree to comply with the instructions set out in any robots.txt file present on this site. You are not authorized to (i) resell, sublicense, transfer, assign, or distribute the site, its services or content; (ii) modify or make derivative works based on the site, its services or content; or (iii) \u201cframe\u201d or \u201cmirror\u201d the site, its services or content on any other server or Internet-enabled device. All rights not expressly granted in this Agreement are reserved by us and our licensors.<\/li>\n
  4. How We Treat Postings To This Site. We will not treat information that you post to areas of this site that are viewable by others (for example, to a blog, forum or chat-room) as proprietary, private, or confidential. We have no obligation to monitor posts to this site or to exercise any editorial control over such posts; however, we reserve the right to review such posts and to remove any material that, in our judgment, is not appropriate. Posting, transmitting, promoting, using, distributing or storing content that could subject us to any legal liability, whether in tort or otherwise, or that is in violation of any applicable law or regulation, or otherwise contrary to commonly accepted community standards, is prohibited, including without limitation information and material protected by copyright, trademark, trade secret, nondisclosure or confidentiality agreements, or other intellectual property rights, and material that is obscene, defamatory, constitutes a threat, or violates export control laws.<\/li>\n
  5. Defamation; Communications Decency Act Notice. This site is a provider of \u201cinteractive computer services\u201d under the Communications Decency Act, 47 U.S.C. Section 230, and as such, our liability for defamation and other claims arising out of any postings to this site by third parties is limited as described therein. We are not responsible for content or any other information posted to this site by third parties. We neither warrant the accuracy of such postings or exercise any editorial control over such posts, nor do we assume any legal obligation for editorial control of content posted by third parties or liability in connection with such postings, including any responsibility or liability for investigating or verifying the accuracy of any content or any other information contained in such postings.<\/li>\n
  6. Monitoring. We reserve the right, but not the obligation, to monitor your access and use of this site without notification to you. We may record or log your use in a manner as set out in our Privacy Policy that is accessible though the Privacy Policy link on this site\u2019s home page.<\/li>\n
  7. Separate Agreements. You may acquire products, services and\/or content from this site. We reserve the right to require that you agree to separate agreements as a condition of your use and\/or purchase of such products, services and\/or content.<\/li>\n
  8. Ownership. The material provided on this site is protected by law, including, but not limited to, United States copyright law and international treaties. The copyrights and other intellectual property in the content of this site is owned by us and\/or others. Except for the limited rights granted herein, all other rights are reserved.<\/li>\n
  9. DMCA Notice. This site is an Internet \u201cservice provider\u201d under the Digital Millennium Copyright Act, 17 U.S.C. Section 512 (\u201cDMCA\u201d). As Required by the DMCA, this site maintains specific contact information provided below, including an e-mail address, for notifications of claimed infringement regarding materials posted to this site. All notices should be addressed to the contact person specified below (our agent for notice of claimed infringement):<\/li>\n<\/ol>\n

    Notification of Claimed Infringement:<\/p>\n

    fitnessboost.net
    \nC\/O Patriot Publishing LLC
    \n1712 Pioneer Ave.
    \nSuite 2035
    \nCheyenne, WY 82001<\/p>\n

    Agent\u2019s Name\/Email Address: support (at) fitnessboost.net<\/p>\n

    You may contact our agent for notice of claimed infringement specified above with complaints regarding allegedly infringing posted material and we will investigate those complaints.\u00a0 If the posted material is believed in good faith by us to violate any applicable law, we will remove or disable access to any such material, and we\u00a0will notify the posting party that the material has been blocked or removed.<\/p>\n

    In notifying us of alleged copyright infringement, the DMCA requires that you include the following information: (i) description of the copyrighted work that is the subject of claimed infringement; (ii) description of the infringing material and information sufficient to permit us to locate the alleged material; (iii) contact information for you, including your address, telephone number and\/or e-mail address; (iv) a statement by you that you have a good faith belief that the material in the manner complained of is not authorized by the copyright owner, or its agent, or by the operation of any law; (v) a statement by you, signed under penalty of perjury, that the information in the notification is accurate and that you have the authority to enforce the copyrights that are claimed to be infringed; and (vi) a physical or electronic signature of the copyright owner or a person authorized to act on the copyright owner\u2019s behalf.\u00a0 Failure to include all of the above-listed information may result in the delay of the processing of your complaint.<\/p>\n

      \n
    1. Warranty Disclaimers.<\/li>\n<\/ol>\n

      10.1\u00a0EXCEPT AS MAY BE PROVIDED IN ANY SEPARATE WRITTEN AGREEMENTS SIGNED BY THE PARTIES, THE SERVICES, CONTENT, AND\/OR PRODUCTS ON THIS SITE ARE PROVIDED \u201cAS-IS\u201d, AND NEITHER WE NOR ANY OF OUR LICENSORS MAKE ANY REPRESENTATION OR WARRANTY WITH RESPECT TO SUCH PRODUCTS, SERVICES, AND\/OR CONTENT. \u00a0EXCEPT AS MAY BE PROVIDED IN ANY SEPARATE WRITTEN AGREEMENT SIGNED BY THE PARTIES OR SEPARATE AGREEMENT ORIGINATING FROM THIS SITE, THIS SITE AND ITS LICENSORS SPECIFICALLY DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THIS SITE OR PRODUCTS, SERVICES AND\/OR CONTENT ACQUIRED FROM THIS SITE, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, COMPLETENESS, TIMELINESS, CORRECTNESS, NON-INFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE.\u00a0 THIS SITE AND ITS LICENSORS DO NOT REPRESENT OR WARRANT THAT THIS SITE, ITS PRODUCTS, SERVICES, AND\/OR CONTENT: (A) WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, OR (C) WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.<\/p>\n

      10.2\u00a0IN USING OUR SITE AND RELATED MATERIALS AND SERVICES, IT REMAINS YOUR RESPONSIBILITY TO COMPLY WITH ANY AND ALL APPLICABLE LOCAL, STATE, AND FEDERAL CODES, REGULATIONS, AND LAWS REGARDING BUILDING STANDARDS, INSPECTION REQUIREMENTS, PERMITTING REQUIREMENTS, PUBLIC SAFETY STANDARDS, AND OTHER RELEVANT CONCERNS. THIS INCLUDES ANY APPLICABLE HOMEOWNERS ASSOCIATION RULES AND\/OR HOMEOWNERS INSURANCE GUIDELINES. YOU SHOULD CONTACT PROFESSIONALS AND\/OR EXPERTS FOR ASSISTANCE AND\/OR ADVICE AS IS NECESSARY TO SAFELY AND PROPERLY COMPLETE ANY IMPLEMENTATION OF THE METHODS AND SYSTEMS DESCRIBED IN THE MATERIALS. YOU ARE RESPONSIBLE FOR YOUR ACTIONS, AND AGREE TO INDEMNIFY AND\/OR HOLD HARMLESS PATRIOT PUBLISHING\u00a0FOR ANY LOSS, INJURY, DEATH, CLAIM (WHETHER VALID OR INVALID), JUDGMENT, SUIT, PROCEEDING, DAMAGES, COSTS AND\/OR EXPENSES OF ANY NATURE WHATSOEVER ARISING FROM ANY ACTION TAKEN BY YOU WHEN USING OR MISUSING INFORMATION IN THE MATERIALS.<\/p>\n

      10.3\u00a0ALL PRODUCTS FROM THIS SITE, US OR OUR RELATED COMPANIES ARE STRICTLY FOR INFORMATIONAL PURPOSES ONLY. WHILE ALL ATTEMPTS HAVE BEEN MADE TO VERIFY INFORMATION PROVIDED ON OUR WEBSITE AND IN THE PUBLICATIONS, NEITHER THE AUTHORS NOR THE PUBLISHERS ASSUMES ANY RESPONSIBILITY OR LIABILITY. THE AUTHORS AND PUBLISHERS DISCLAIMS ANY RESPONSIBILITY FOR THE ACCURACY OF THE CONTENT, INCLUDING BUT NOT LIMITED TO ERRORS OR OMISSIONS. LOSS OF PROPERTY, INJURY TO SELF OR OTHERWISE, OR EVEN DEATH CAN OCCUR AS A DIRECT OR INDIRECT CONSEQUENCE OF THE USE AND APPLICATION OF ANY CONTENT FOUND HEREIN.<\/p>\n

      10.4\u00a0THESE DISCLAIMERS CONSTITUTE AN ESSENTIAL PART OF THIS AGREEMENT.\u00a0 NO PURCHASE OR USE OF THE ITEMS OFFERED BY THIS SITE IS AUTHORIZED HEREUNDER EXCEPT UNDER THESE DISCLAIMERS.\u00a0 IF IMPLIED WARRANTIES MAY NOT BE DISCLAIMED UNDER APPLICABLE LAW, THEN ANY IMPLIED WARRANTIES ARE LIMITED IN DURATION TO THE PERIOD REQUIRED BY APPLICABLE LAW.\u00a0 SOME STATES OR JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.<\/p>\n

        \n
      1. Limitation of Liability.\u00a0\u00a0 IN NO EVENT SHALL THIS SITE AND\/OR ITS LICENSORS BE LIABLE TO ANYONE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THIS SITE, ITS PRODUCTS, SERVICES, AND\/OR CONTENT, ANY INTERRUPTION, INACCURACY, ERROR OR OMISSION, REGARDLESS OF CAUSE, EVEN IF THIS SITE OR OUR LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.<\/li>\n
      2. Links to This Site.\u00a0 We grant to you a limited, revocable, and nonexclusive right to create a hyperlink to this site provided that the link does not portray us or our products or services in a false, misleading, derogatory, or offensive matter. You may not use any logo, trademark, or tradename that may be displayed on this site or other proprietary graphic image in the link without our prior written consent.<\/li>\n
      3. Links to Third Party Websites.\u00a0 We do not review or control third party websites that link to or from this site, and we are not responsible for their content, and do not represent that their content is accurate or appropriate. Your use of any third party site is on your own initiative and at your own risk, and may be subject to the other sites\u2019 terms of use and privacy policy.<\/li>\n
      4. Participation In Promotions of Advertisers.\u00a0 You may enter into correspondence with or participate in promotions of advertisers promoting their products, services or content on this site.\u00a0 Any such correspondence or participation, including the delivery of and the payment for products, services or content, are solely between you and each such advertiser.<\/li>\n
      5. Consumer Rights Information; California Civil Code Section 1789.3.\u00a0 If this site charges for services, products, content, or information, pricing information will be posted as part of the ordering process for this site.\u00a0 We maintain specific contact information including an e-mail address for notifications of complaints and for inquiries regarding pricing policies in accordance with California Civil Code Section 1789.3.\u00a0 All correspondence should be addressed to our agent for notice at the following address:<\/li>\n<\/ol>\n

        Notification of Consumer Rights Complaint or Pricing Inquiry:<\/p>\n

        fitnessboost.net
        \nC\/O Patriot Publishing LLC
        \n1712 Pioneer Ave.
        \nSuite 2035
        \nCheyenne, WY 82001
        \nContact: support (at) fitnessboost.net<\/p>\n

        You may contact us with complaints and inquiries regarding pricing and we will investigate those matters and respond to the inquiries.<\/p>\n

        The Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs may be contacted in writing at 1020 N. Street, #501, Sacramento, CA 95814, or by telephone at1-916-445-1254\u00a0.<\/p>\n

          \n
        1. Arbitration.\u00a0 Except for actions to protect intellectual property rights and to enforce an arbitrator\u2019s decision hereunder, all disputes, controversies, or claims arising out of or relating to this Agreement or a breach thereof shall be submitted to and finally resolved by arbitration under the rules of the American Arbitration Association (\u201cAAA\u201d) then in effect.\u00a0 There shall be one arbitrator, and such arbitrator shall be chosen by mutual agreement of the parties in accordance with AAA rules.\u00a0 The arbitration shall take place in Denver, Colorado, USA, and may be conducted by telephone or online.\u00a0 The arbitrator shall apply the laws of the State of Colorado, USA to all issues in dispute.\u00a0 The controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party.\u00a0 The findings of the arbitrator shall be final and binding on the parties, and may be entered in any court of competent jurisdiction for enforcement. Enforcements of any award or judgment shall be governed by the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards.\u00a0 Should either party file an action contrary to this provision, the other party may recover attorney\u2019s fees and costs up to $1000.00.<\/li>\n<\/ol>\n
            \n
          1. Jurisdiction And Venue.\u00a0 The courts of Denver County in the State of Colorado, USA and the nearest U.S. District Court in the State of Colorado shall be the exclusive jurisdiction and venue for all legal proceedings that are not arbitrated under these Terms of Use.<\/li>\n
          2. Controlling Law.\u00a0 This Agreement shall be construed under the laws of the State of Colorado, USA, excluding rules regarding conflicts of law.\u00a0 The application the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded.<\/li>\n
          3. Onward Transfer of Personal Information Outside Your Country of Residence.\u00a0 Any personal information which we may collect on this site will be stored and processed in our servers located only in the United States.\u00a0 If you reside outside the United States, you consent to the transfer of personal information outside your country of residence to the United States.<\/li>\n
          4. Severability.\u00a0\u00a0 If any provision of these terms is declared invalid or unenforceable, such provision shall be deemed modified to the extent necessary and possible to render it valid and enforceable.\u00a0 In any event, the unenforceability or invalidity of any provision shall not affect any other provision of these terms, and these terms shall continue in full force and effect, and be construed and enforced, as if such provision had not been included, or had been modified as above provided, as the case may be.<\/li>\n
          5. Force Majeure.\u00a0 We shall not be liable for damages for any delay or failure of delivery arising out of causes beyond our reasonable control and without our fault or negligence, including, but not limited to, Acts of God, acts of civil or military authority, fires, riots, wars, embargoes, Internet disruptions, hacker attacks, or communications failures.<\/li>\n
          6. Privacy.\u00a0 Please review this site\u2019s Privacy Policy which also governs your visit to this site. Our Privacy Policy is always accessible on our site\u2019s home page.<\/li>\n
          7. Purchases. Credit Cards \u2013 We accept the following credit cards: Visa, MasterCard,\u00a0 and Discover. There is no surcharge for using your credit card to make purchases. Please be sure to provide your exact billing address and telephone number (i.e. the address and phone number your credit card bank has on file for you). Incorrect information will cause a delay in processing your order.<\/li>\n<\/ol>\n

            Money Orders, Cashier\u2019s Checks, Company Checks, & Personal Checks\u00a0\u00a0 We accept money orders, cashier\u2019s checks, personal checks, and company checks in U.S. Dollars only. Orders are processed upon receipt of a money order or cashier\u2019s check. For personal and company checks, please allow up to 10 banking days after receipt for clearance of funds before the order is processed. We cannot guarantee the availability of a product by the time funds clear or payment is received. We will charge a $25 fee on all returned checks.<\/p>\n

              \n
            1. Multiple Product Orders. For a multiple product order, we will make every attempt to ship all products contained in the order at the same time. Products that are unavailable at the time of shipping will be shipped as they become available, unless you inform us otherwise. You will only be charged for products contained in a given shipment, plus any applicable shipping charges. You will only be charged for shipping at the rate quoted to you on your purchase receipt. The entirety of this shipping charge may be applied to the first product(s) shipped on a multiple shipment order.<\/li>\n
            2. Order Acceptance Policy. Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. Sample Store reserves the right at any time after receipt of your order to accept or decline your order for any reason or to supply less than the quantity you ordered of any item.<\/li>\n
            3. Other Conditions.\u00a0 These Conditions will supersede any terms and\/or conditions you include with any purchase order, regardless of whether Sample Store. signs them or not. We reserve the right to make changes to this site and these Conditions at any time.<\/li>\n
            4. Out-of-Stock Products.\u00a0 We will ship your product as it becomes available. Usually, products ship the same day if ordered by 5:00PM, or by the next business day if your order is received after this time and for orders received on Saturday, Sunday or any major holiday. However, there may be times when the product you have ordered is out-of-stock which will delay fulfilling your order. We will keep you informed of any products that you have ordered that are out-of-stock and unavailable for immediate shipment. You may cancel your order at any time prior to shipping.<\/li>\n
            5. Contests and Special Offers. \u00a0To keep you informed about our latest offers, we may notify you of current promotions, specials and new additions to the Sample Store site. You may unsubscribe from our newsletters by following the unsubscribe instructions in any email you receive from us.<\/li>\n<\/ol>\n

              When entering any of our contests or prize drawings, you provide your name, email address and mailing address. If you win, we will send the prize to the address entered and notify you by email. When you enter a contest or drawing you are also included in our newsletter list to receive notice of promotions, specials and new additions to the Sample Store site. You may unsubscribe from this news list by following the unsubscribe instructions in any email received.<\/p>\n

                \n
              1. Returns.\u00a0 We offer what we believe to the \u201cbest in industry\u201d policy for returns.\u00a0\u00a0Please review our Return Policy for terms and conditions.<\/li>\n
              2. Shipping Policy.\u00a0\u00a0\u00a0\u00a0 Shipping Time \u2013 Most orders received before 5:00PM will ship the same day, provided the product ordered is in stock. Most orders received after 5:00 PM will ship the next business day. Orders are not processed or shipped on Saturday or Sunday, except by prior arrangement.<\/li>\n<\/ol>\n

                We cannot guarantee when an order will arrive. Consider any shipping or transit time offered to you by Sample Store or other parties only as an estimate. We encourage you to order in a timely fashion to avoid delays caused by shipping or product availability.<\/p>\n

                  \n
                1. Taxes.\u00a0 Our Store shall automatically charge and withhold the applicable sales tax for orders to be delivered to addresses within the same state. For orders shipped to other states, you are solely responsible for all sales taxes or other taxes.<\/li>\n
                2. Typographical Errors.\u00a0 In the event a product is listed at an incorrect price due to typographical error or error in pricing information received from our suppliers, Our Store shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. Our Store shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, Our Store shall immediately issue a credit to your credit card account in the amount of the incorrect price<\/li>\n<\/ol>\n

                  Material Modifications Since November 1, 2016: NONE<\/p>\n","protected":false},"excerpt":{"rendered":"

                  Effective Date: November 1, 2016 To review material modifications and their effective dates scroll to the bottom of the page. Parties. The parties to these Terms of Use are you, and the owner of this fitnessboost.net website business, Patriot Publishing LLC (\u201cPatriot Publishing\u201d). All references to \u201cwe\u201d, \u201cus\u201d, \u201cour\u201d, this \u201cwebsite\u201d or this \u201csite\u201d shall […]<\/p>\n","protected":false},"author":1,"featured_media":0,"parent":0,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"footnotes":""},"aioseo_notices":[],"jetpack_sharing_enabled":true,"_links":{"self":[{"href":"https:\/\/fitnessboost.net\/wp-json\/wp\/v2\/pages\/47"}],"collection":[{"href":"https:\/\/fitnessboost.net\/wp-json\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/fitnessboost.net\/wp-json\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/fitnessboost.net\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/fitnessboost.net\/wp-json\/wp\/v2\/comments?post=47"}],"version-history":[{"count":0,"href":"https:\/\/fitnessboost.net\/wp-json\/wp\/v2\/pages\/47\/revisions"}],"wp:attachment":[{"href":"https:\/\/fitnessboost.net\/wp-json\/wp\/v2\/media?parent=47"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}