Last Updated: February 27, 2014
"Text" includes all text on every page of the Website, whether editorial, navigational, or instructional.
"Graphics" includes all logos, buttons, and other graphical elements on the Website, including the color combinations and the page layout of the Website, with the exception of trademarks and intellectual property belonging to third-parties and displayed with permission.
“Affiliates” refers to companies and divisions under the ownership of InboxFitness.com LLC or that own InboxFitness.com LLC.
You are specifically prohibited from posting, sending, submitting, publishing, or transmitting in connection with this Website any material that is unlawful or for illegal activity. You agree not to use this Website to do any of the following:
Certain areas of the Website may require registration. You may only create and use an account for your own personal use. If you register or provide information to us in any manner, you agree to provide only true, accurate, current and complete information. You are responsible for maintaining the security of your account, and you are fully responsible for all activities and actions that occur in connection with the account. If we issue a username and/or password to you, you agree to protect such information by, among other things, keeping your password and other information relating to your account confidential. If, notwithstanding the foregoing obligation, you allow another party to use your account, you will be responsible for all use of the Website by the party using your account. You must immediately notify us of any unauthorized uses of your account or any other breaches of security. We will not be liable for any acts or omissions by you, including but not limited to any damages of any kind incurred as a result of such acts or omissions. By registering for an account, you grant us permission to send emails, offers, promotions and other marketing material to you via email. You may unsubscribe at any time.
The Shopping Area has e-commerce functions, including “Your Cart”, “Checkout”, “Spotlight”, “Today’s Deal”, “Recommended”, “Stock Room”, and “Stacks”, and is intended to facilitate the offering for sale of health supplements, nutritional products, apparel, exercise equipment and other health, wellness and fitness items by InboxFitness.com LLC. A limited license is granted to you by us to view, download, and use a single copy of the Shopping Area solely for your personal, non-commercial use and only as an aid to shopping on the Shopping Area. The Shopping Area may be used in a manner consistent with this purpose, and only within the context of the products, services and information set forth on the Shopping Area. Except as provided herein, you are not permitted to download (other than page caching) or change any portion of the Shopping Area, unless you have our express written consent.
a. You may not send unsolicited commercial email to Users. In addition, spam, chain emails, advertising solicitations and similar email solicitations are expressly prohibited;
c. You may not interfere with the proper operation of the Shopping Area including, but not limited to, by attacking, hacking into, or otherwise attempting to penetrate any non-publicly accessible elements of the Shopping Area, through the use of bots, Trojan Horses, viruses, DNS attacks, or other technology which is designed or intended to interfere with the proper operation of the Shopping Area or the use of the Shopping Area by any Users.
Any submission of information to us through the Shopping Area is subject to the following guidelines and restrictions:
a. It may not contain URLs or links to any other websites (to advertise your company or website, contact our Sales department at firstname.lastname@example.org;
b. It may not contain copyrighted material (unless you own the copyright or have the owner's permission to post the copyrighted material and provide proper attribution to the copyright owner);
c. It may not contain viruses, worms, time bombs, Trojan horses, or other harmful or disruptive components;
d. It is not or could not be construed to be spam mail or any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine," or in any way reproduce or circumvent the navigational structure or presentation of the Shopping Area or its contents.
e. It may not contain trade secrets (unless you own them or have the owner's permission to post them);
f. It may not contain material that infringes on the intellectual property rights of others, including but not limited to, copyright, trademark, patent, trade dress or trade secret rights, or any other Marks;
g. It may not contain material that is sexually explicit, obscene, libelous, defamatory, threatening, harassing, abusive, derogatory, bigoted, or hateful;
h. It may not contain information that is known by you to be untrue, false or misleading or which does not fairly or accurately depict or describe the subject matter which is the subject of the information posted by you;
i. It may not present information which impersonates another person, whether living or dead, misstate the identity of any person, or misstate or mislead as to gender or age;
j. You may not solicit money, investments or make any offering of securities or investments;
k. You may not submit chain letters or pyramid schemes;
l. You may not submit opinions or notices, commercial or otherwise;
InboxFitness.com LLC does not assume any obligation to review or monitor the content or other information submitted to the Shopping Area. User assumes the risk of verifying the accuracy of information posted through independent investigation. Notwithstanding, we may in our discretion review information submitted to the Shopping Area for any purpose whatsoever and we reserve the right, in our sole discretion, to remove, edit or reject any information submitted to the Shopping Area for any reason whatsoever.
Except for information necessary to place an order, we do not want to receive any confidential or proprietary information or trade secrets through the Shopping Area. Any information, materials, suggestions, ideas or comments you send to us will be deemed non-confidential, and by submitting it, you are granting us an irrevocable and unrestricted license to use, modify, reproduce, transmit, display and distribute it for any purpose whatsoever, with no payment or other compensation to you, subject to the Privacy Notice. However, we will not use your name unless it is required by law to identify the source of the materials, information, suggestions, ideas or comments, or unless your permission is first obtained.
All features, content, specifications, products and prices of products and services described or depicted on this Website are subject to change at any time without notice. All prices and denominations are listed, and concomitant transactions are conducted, in United States Dollars. Certain weights, measures and similar descriptions may be approximate and are provided for convenience purposes only. We attempt to ensure that information on the Website is complete, accurate and current. Despite our efforts, the information on this Website may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or currentness of any information on the Website. For example, products included on this Website may be unavailable, may have different attributes than those listed, or may actually carry a different price than that stated on the Website.
We reserve the right, at our sole discretion, to limit the number of items purchased per person, per household, or per order. These restrictions also may be applicable to orders placed by the same account, the same credit card, and also to orders that use the same billing and/or shipping address, or are placed by dealers. The inclusion of any products or services on the Website at a particular time does not imply or warrant that these products or services will continue to be available.
You will not be charged until your order is verified, payment authorized, and your order has entered the shipping process. InboxFitness.com LLC reserves the right to decline your order at its sole discretion. Some of the reasons your order may be declined are if the goods are unavailable, if pricing is in error, or if there are problems concerning credit or an issue of fraud is detected. We will contact you if your order is declined or if we need more information. If your order is declined, we will credit your credit card for any amount charged with respect to such order. While it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service. Risk of loss and title for items purchased from this Website pass to you upon delivery of the items to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments.
Customers who make qualifying purchases between February 28, 2014, and March 31, 2014, are eligible for promotional gift cards.
The following terms and conditions (the "Agreement") apply to any Inbox Fitness Gift Card or Email Gift Card given by Inbox Fitness for free, including "free with purchase," or distributed as a reward, incentive, part of a marketing program or promotion or otherwise (the "gift card").
Promotional gift cards received by email are redeemable upon receipt of the gift card (cards will arrive within 3 business days). Your promotional Inbox Fitness gift card will be honored for merchandise purchased online at inboxfitness.com.
We will respond to claims of copyright infringement, and will promptly process and investigate notices of alleged infringement by third parties and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”), Title 17, United States Code, Section 512(c)(2), where applicable. In keeping with the DMCA, notifications of claimed copyright infringement by third parties should be sent to Shopping Area's designated agent noted below (the “Designated Agent”). If you believe that your copyrighted work has been infringed under U.S. copyright law and is accessible on the Shopping Area, please notify us by contacting the Designated Agent.
In order to give effective notification of a claim of copyright infringement by a third party under the DMCA, you must send a written communication to the Designated Agent that includes substantially the following: (1) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) identification of the copyrighted work, or, if multiple copyrighted works at a single online Shopping Area are covered by a single notification, a representative list of such works at that Shopping Area, that are claimed to have been infringed; (3) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Shopping Area to locate the material; (4) information reasonably sufficient to permit Shopping Area to contact the complaining party, such as an address, telephone number, and, if available, an e-mail address at which the complaining party may be contacted; (5) a statement that the complaining party has a good faith belief that neither the copyright owner, nor its agent nor the law has authorized the use of the material in the manner complained of; and (6) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
The Designated Agent for notice of claims of copyright infringement can be reached as follows:
113 Barksdale Professional Center
Newark, DE 19711
Attention: Legal Dept.
With notification to:
2840 Morris Avenue
Union, NJ 07083
Attention: Kurt D. Olender, Esq.
With notification to:
If a valid notification of alleged copyright infringement is received, we will remove or disable access to the material identified in the notice as being infringing or as being the subject of infringing activity, and take reasonable steps to notify the alleged infringer that it has removed or disabled access to this material. Please note that, under the DMCA, a claimant who makes a misrepresentation concerning copyright infringement may be liable for any damages, including costs and attorneys' fees, incurred by the alleged infringer who is injured by such misrepresentation as a result of reliance upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing or in replacing the removed material or ceasing to disable access to it.
If you choose to provide any personal information via this Website, the information will be used only for certain purposes, as described in our Privacy Notice. Additionally, we may collect or share certain information based on your usage of the Website, as described in our Privacy Notice.
In order to facilitate communications between you and InboxFitness.com LLC, this Website offers you the ability to contact us. Although we strive to protect and secure our online communications, and use the security measures detailed in our Privacy Notice to protect your information, please note that no data transmitted over the Internet can be guaranteed to be completely secure and no security measures are perfect or impenetrable. InboxFitness.com LLC shall have no liability whatsoever for any unaccepted or unprocessed email instructions or requests, or for any loss or damage arising from or in connection with any unauthorized use by third parties of any information that you send by email. If you would like to transmit sensitive information to us, please contact us to arrange a more secure means of communication.
InboxFitness.com LLC cannot and does not guarantee or warrant that the materials contained on this Website will be free of viruses, worms or other code or related hazards that may have destructive properties (collectively “viruses”). It is your responsibility to ensure that you have sufficient procedures, firewalls, checkpoints, and safeguards within your computer system to satisfy your particular requirements to protect against viruses. InboxFitness.com LLC does not assume any responsibility or risk for your use of the Internet, nor does InboxFitness.com LLC assume any responsibility for any products or services or hyperlinks to third parties.
Your consent and agreement to the following disclaimers and limitations is a material inducement for us to permit you to access the Website. Your use of the Website, and the obligations and liabilities of us in respect of your use of the Website, is expressly limited as follows:
Notwithstanding the presentation of, or links to, any third party information or website in the Shopping Area or on the Website, no such presentation shall be considered an endorsement, guarantee, representation or warranty, either express or implied, by us on behalf of any third party. We shall have no liability or responsibility whatsoever for the content, subject matter or substance of any information accessed or obtained from third party websites accessed from or via the Shopping Area or Website. Access to third party websites from the Shopping Area or Website is done at your own risk. We do not warranty any products purchased through the Shopping Area or through third parties that advertise on the Shopping Area or are purchased in reliance on information obtained from the Shopping Area. InboxFitness.com LLC makes no representations or warranties regarding any products purchased via the Shopping Area. Any such products are provided “as is”, except to the extent otherwise set forth in a license or sale agreement entered into in writing between you and InboxFitness.com LLC or with respect to warranties that may be provided by the product's manufacturer, if any.
The contents of the Website, including but not limited to the Text, Graphics and other materials are for informational purposes only and cannot substitute for professional medical advice. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding your physical or mental health and wellness. If you think you may have a medical emergency, call your doctor or 911 immediately. We do not recommend or endorse any specific products, services treatments, actions, usage of supplements, or other information that may be mentioned on the Website. Any “recommendations” on the Website are generated by computer algorithm, and are solely intended to highlight products that may be of interest to you. Notwithstanding the foregoing, we do not recommend dietary supplements for use by persons under 18 years of age. Reliance on any information provided by or contained on the Website is solely at your own risk. Information and statements regarding dietary supplements have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease. You should read carefully all product packaging prior to use.
THE WEBSITE AND ITS CONTENT IS PROVIDED "AS IS" AND WITHOUT ANY WARRANTY WHATSOEVER. WE DISCLAIM ANY AND ALL EXPRESS AND IMPLIED WARRANTIES WHATSOEVER, INCLUDING WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD PARTIES RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. YOUR USE OF THIS WEBSITE AND RELIANCE ON ANY OF ITS CONTENT IS AT YOUR OWN RISK.
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NEITHER INBOXFITNESS.COM LLC NOR ANY OTHER PERSON OR ENTITY ASSOCIATED WITH THE DESIGN OR MAINTENANCE OF THIS WEBSITE SHALL BE HELD LIABLE OR RESPONSIBLE IN ANY WAY FOR ANY DAMAGE, LOSS, INJURY, OR MALFUNCTION ASSOCIATED WITH YOUR USE OF THIS WEBSITE.
IN NO EVENT SHALL INBOXFITNESS.COM LLC AND ITS SUBSIDIARIES, AFFILIATES, RELATED COMPANIES, SUPPLIERS, ADVERTISERS, SPONSORS, THIRD PARTY SERVICE PROVIDERS, AND THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, AND AGENTS BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, PUNITIVE, INDIRECT OR SPECIAL DAMAGES, (INCLUDING LOST PROFITS AND DAMAGES OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT ON ACCOUNT OF YOUR ACCESS TO, USE OF, BROWSING, OR DOWNLOADING OF ANY MATERIALS, DATA TEXT, IMAGES, VIDEO OR AUDIO FROM THE WEBSITE) WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT INBOXFITNESS.COM LLC IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE LIMITATIONS SET FORTH IN THIS PARAGRAPH MAY NOT APPLY TO YOU. IF THE FOREGOING LIMITATIONS ARE HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN THE MAXIMUM LIABILITY OF INBOXFITNESS.COM LLC TO YOU FOR ANY TYPE OF DAMAGES SHALL BE LIMITED TO THE GREATER OF THE ACTUAL AMOUNT PAID BY YOU FOR ANY SERVICES OFFERED ON THE WEBSITE OR U.S. $100.00.
You, on behalf of your successors, assigns, heirs, and personal representatives hereby irrevocably and fully release InboxFitness.com LLC, and its subsidiaries, Affiliates and each of their officers, directors, employees, assigns, agents and representatives from and against any and all suits, claims, actions, causes of action, arbitration, liabilities, obligations, damages, losses, penalties or fines known or unknown, arising out of or in connection with (1) your use of this Website or Shopping Area or (2) the use of any information accessed by you from this Website.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. THEREFORE SOME OF THE EXCLUSIONS AND/OR LIMITATIONS STATED ABOVE MAY NOT APPLY TO YOU.
Choice of Law. Your use of this Website and any dispute arising out of or in connection with this Website shall be governed by the laws of the State of Delaware without giving effect to any conflict of laws provisions. By accessing this Website, you agree that any action or proceeding arising out of or in connection with this Website shall be brought solely in a court of competent jurisdiction sitting in the State of Delaware. You agree to submit to the personal and exclusive jurisdiction of the courts located in Delaware. You hereby waive any defense of an inconvenient forum to the maintenance of any action or proceeding in other courts and any objection to venue with respect to such proceeding.
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