Terms & Conditions
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the Website, each user ("You", Your" or "User") agree to the terms and conditions of this Agreement. If You do not agree to all the terms and conditions of this Agreement, you should not access the Website or use any Services made available via the Website.
Registration and Your Account
License and Site Access
Subject to Your compliance with these Terms and Conditions of Use, Fitspiration Everyday Women grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Website Services. This license does not include the right to any resale or commercial use of any Service or the Website contents; any collection and use of any product listings, images, descriptions, or prices; any derivative use of any Web site Service or its contents; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to You in these Terms and Conditions of Use or any Service Terms are reserved and retained by Fitspiration Everyday Women or its licensors, suppliers, rights holders, or other content providers. None of the Services, nor any part of any the Services, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Fitspiration Everyday Women.
Content and Copyright, Trademark, and Related Issues
The contents, including information, text, images and graphics and all other material contained on the Website or features and functions made available on the Website (collectively, the "Content") are for Your personal informational purposes only. The Content is owned by Fitspiration Everyday Women or other third parties who have licensed their rights in Content to Fitspiration Everyday Women. You may view or download a single copy of the Content solely for Your personal, non-commercial use. You must not delete or alter any copyright or other notice We place on any Content. Content is owned by Us or Our licensors or other users and is protected by copyright, trademark and other laws and regulations of the United States and foreign laws.
Intended Audience of Websites
The Website is not directed to users residing in the European Union (EU) or European Economic Area (EEA), or children under the age of 13. As a result, the Website does not request or knowingly collect personal data from individuals residing in the EU/EEA or under the age of 13. If You reside in the EU/EEA or are not 13 or older, You should not visit or use the Website. If We learn that personally identifiable information of persons residing in the EU/EEAA or under 13 years of age has been collected on the Website inadvertently or without verified parental consent, We will take appropriate steps to delete the information. Fitspiration Everyday Women reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.
Reviews, Comments, Communications, and Other Content
Visitors may post reviews, comments, and other content to the Website or send communications and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." We reserve the right (but not the obligation) to remove or edit such content, but We do not regularly review posted content.
If You post content or submit material, and unless We indicate otherwise, You grant Fitspiration Everyday Women a royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Fitspiration Everyday Women and its sub licensees the right to use the name that You submit in connection with such content, if they choose. You represent and warrant that You own or otherwise control all of the rights to the content that You post; that the content is accurate; that use of the content You supply does not violate this policy and will not cause injury to any person or entity; and that You will indemnify Fitspiration Everyday Women for all claims resulting from content You supply. Fitspiration Everyday Women has the right but not the obligation to monitor and edit or remove any activity or content. Fitspiration Everyday Women takes no responsibility and assume no liability for any content posted by You or any third party.
Linking/Third Party Links on Our Site
Returns, Refunds and Title
Fitspiration Everyday Women does not take title to returned items until the item arrives at the Fitspiration Everyday Women returns center. At Our discretion, a refund may be issued without requiring a return. In this situation, Fitspiration Everyday Women does not take title to the refunded item.
Limitation of Liability
The use of the Website and the Services is at Your own risk and is provided "as is." Transmissions over the Internet and communications networks are not in Our control and can never be completely secure. Accordingly, We cannot and shall not be liable for any delay, failure, interruption, compromise or corruption of any data or other information transmitted in connection with use of the Website, including information You provide to Us or the Website.
TO THE FULLEST EXTENT PERMITTED BY LAW, Fitspiration Everyday Women DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, STATUTORY AND OTHERWISE, AS TO THE WEBSITE AND THE CONTENT, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF ACCURACY, MERCHANTABILITY, TITLE, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Any dispute or claim relating in any way to Your use of the Website or the Services will be resolved by binding arbitration, rather than in court, except that You may assert claims in small claims court if Your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this Agreement.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Terms and Conditions of Use as a court would.
Either party may initiate arbitration by providing written notice to the other party. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, Fitspiration Everyday Women will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where You live or at another mutually agreed location.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that You or We may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
Law that Applies; Interpretation and Modification
You expressly agree and personally submit to the exclusive jurisdiction of the state and federal courts of the State of California to adjudicate and resolve any dispute with Fitspiration Everyday Women, their affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and Content providers or in any other way relating to the Website, including, Content or User Content. YOU HEREBY IRREVOCABLY WAIVE YOUR RIGHT TO A JURY TRIAL OR TO CLAIM THAT THE STATE OF CALIFORNIA IS AN INCONVENIENT FORUM TO HEAR CLAIMS AND DISPUTES.
Questions or comments regarding this Website, including reports of non-functioning links, should be submitted via our "Contact Us" page or U.S. mail to:
Fitspiration Everyday Women LLC.
P O Box 36242.
Maui, HI 96708
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