Terms and Conditions
Risefit Resistance Bands
Terms and Conditions of Sale
WELCOME TO THE WEBSITE OF RISEFITPRO. THESE TERMS AND CONDITIONS OF SALE GOVERN AND APPLY TO ANY ORDER YOU PLACE WITH, OR PRODUCTS AND/OR SERVICES YOU RECEIVE FROM, RISEFITPRO THROUGH THIS WEBSITE OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THE RISEFITPRO iOS and Android DEVICE applications (“Apps”). PLEASE CAREFULLY READ THESE TERMS AND CONDITIONS OF SALE (COLLECTIVELY WITH ANY AMENDMENTS REFERRED TO HEREINAFTER AS “TERMS AND CONDITIONS”).
BY PLACING AN ORDER FOR RISEFITPRO’S PRODUCTS OR SERVICES, YOU AGREE TO BE BOUND AND ABIDE BY THESE TERMS AND CONDITIONS AND ANY AMENDMENTS THERETO, AND AGREE THAT YOU ARE AT LEAST 13 YEARS OF AGE AND ELIGIBLE TO USE THIS SITE AND PLACE AN ORDER FOR RISEFITPRO’S PRODUCTS OR SERVICES. IF YOU ARE 13 TO 17 YEARS OF AGE, YOU MUST PURCHASE AND USE RISEFITPRO’S PRODUCTS AND SERVICES ONLY WITH THE INVOLVEMENT OF YOUR PARENT OR GUARDIAN.
IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS, PLEASE DO NOT ORDER OR USE RISEFITPRO’S PRODUCTS OR SERVICES.
We may update or amend these Terms and Conditions from time to time to comply with law or to meet our changing business requirements without notice to you. Any updates or amendments will be posted on our web site. Your purchase of Risefit products or services after any such changes constitutes your acceptance of the new Terms and Conditions. The Terms and Conditions displayed on the website at the time the order is accepted will apply to the order. By placing an order, you confirm that you have read, understood, and agree to these Terms and Conditions in their entirety. If you do not agree to these Terms and Conditions in their entirety, you must not order any Risefit product or service.
Unless otherwise noted, Risefit will use commercially reasonable efforts to ship products within a reasonable time after receipt of your properly completed order. Although Risefit may provide delivery or shipment timeframes or dates, you understand that those are Risefit good-faith estimates and may be subject to change. You further understand that product availability may be limited and particular products may not be available for immediate delivery, in which case the products will be delivered when they become available. Risefit shall not be liable for any loss, damage, cost, or expense related to any delay in shipment or delivery.
The goods will be imported on behalf of the consignee/ebuyer. The consignee authorizes Risefit to import the goods on his behalf. Further, the consignee/buyer agrees that Risefit may delegate the obligation to import the goods on his behalf to a subcontractor (e.g. customs broker). The consignee will pay the taxes & duties in addition with the purchase price of the goods.
All Risefit products may be returned within 60 days of purchase for a size exchange or a full refund. Please visit our Risefit Help Center for details or visit risefitpro.com/returns. You must ensure all products are returned in original packaging.
RIGHTS AND TERMS FOR APPS
Rights in App Granted. Subject to your compliance with these Terms, Risefit grants to you a limited non-exclusive, non-transferable, revocable license, with no right to sublicense, to download and install a copy of the App on a mobile device or computer that you own or control and to run such copy of the App solely for your own personal non-commercial purposes. You may not copy the App, except for making a reasonable number of copies for backup or archival purposes. Except as expressly permitted in these Terms and Conditions, you may not: (i) copy, modify or create derivative works based on the App; (ii) distribute, transfer, sublicense, lease, lend or rent the App to any third party; (iii) reverse engineer, decompile or disassemble the App; or (iv) make the functionality of the App available to multiple users through any means. Risefit reserves all rights in and to the App not expressly granted to you under these Terms and Conditions.
Accessing App from an App Store. The following terms apply to any App accessed through or downloaded from any app store or distribution platform (like the Apple App Store or Google Play) where the App may now or in the future be made available (each an “App Provider”). You acknowledge and agree that:
- These Terms and Conditions are between you and Risefit, and not with the App Provider, and Risefit (not the App Provider), is solely responsible for the App.
- The App Provider has no obligation to furnish any maintenance and support services with respect to the App.
- In the event of any failure of the App to conform to any applicable warranty, you may notify the App Provider, and the App Provider will refund the purchase price (if any) for the App to you and, to the maximum extent permitted by applicable law, the App Provider will have no other warranty obligation whatsoever with respect to the App. Any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Risefit.
- The App Provider is not responsible for addressing any claims you have or any claims of any third party relating to the App or your possession and use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
- In the event of any third party claim that the App or your possession and use of that App infringes that third party’s intellectual property rights, Risefit will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms and Conditions.
- The App Provider and its affiliates are third-party beneficiaries of these Terms and Conditions as related to your license to the App, and that, upon your acceptance of the Terms, the App Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms and Conditions as related to your license of the App against you as a third-party beneficiary thereof.
- You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a terrorist-supporting country; (ii) you are not listed on any U.S. Government list of prohibited or restricted parties; (iii) you are not an individual, or associated with an entity, designated under the UK’s Terrorist Asset-Freezing etc. Act 2010 (TAFA 2010); and (iv) you are not otherwise subject to or affected in any way by any national security or terrorism related rules whether applicable to you personally or to your location or other circumstances.
- You must also comply with all applicable third party terms of service when using the App.
“Content” means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the App; and (ii) ”User Content” means any content that users (including you) provide to be made available through the App. Content includes, without limitation, User Content.
Any User Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such User Content. You represent that all User Content submitted by or on behalf of you is accurate, complete, up-to-date, and in compliance with these Terms and Conditions and with all applicable laws, rules and regulations. You acknowledge that all Content, including User Content, accessed by you using the App is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom. To the full extent permitted by law, we make no representations, warranties or guarantees with respect to any Content that you access on or through the App.
As between you and Risefit, you represent that you own (or have all rights necessary to grant Risefit the rights below to) all User Content that you submit through the App, and that Risefit will not need to obtain licenses from any third party or pay royalties to any third party in order to use such User Content. You grant Risefit a worldwide, perpetual, irrevocable, non-exclusive, sublicensable (through multiple tiers), transferable royalty-free license and right to use, copy, transmit, distribute, publicly perform and display (through all media now known or later created), edit, modify, and make derivative works from your User Content (including, without limitation, translations) for any purpose whatsoever, commercial or otherwise, without compensation to you. In addition, you waive any so-called “moral rights” or rights of privacy or publicity in your User Content. You further grant all users of the App permission to view your User Content for their personal, non-commercial purposes. If you make suggestions to Risefit or through the App about improving or adding new features or products to the App or any Risefit product or you otherwise provide feedback, product or service reviews or testimonials, you hereby grant to Risefit a worldwide, perpetual, irrevocable, non-exclusive, sublicensable (through multiple tiers), transferable royalty-free license and right to use, copy, modify, create derivative works based upon and otherwise exploit your suggestions, feedback, reviews and testimonials for any purpose (including for marketing), without any notice, compensation or other obligation to you.
You can remove your User Content by specifically deleting it. However, in certain instances, some of your User Content (such as posts or comments you make) may not be completely removed and copies of your User Content may continue to exist on the App. We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content.
LIMITATIONS ON LIABILITY
We exclude all representations, warranties, conditions, and terms (whether express or implied by statute, common law or otherwise) to the fullest extent permitted by law. Under no circumstances, including without limitation for loss arising from our negligence, shall Risefit and/or any of its affiliates, owners, officers, directors, employees, agents and suppliers be liable for any damages, claims or losses incurred by you or any third party for injury or damages to any person or property (including without limitation, for any special, direct, indirect, incidental, consequential, compensatory, exemplary, punitive or any other damages of any nature) arising out of the use or misuse of its products, however caused, and under any theory of liability, including but not limited to any damages suffered as a result of product malfunction or breakage, any and all defects, latent or apparent, or problems or deficiencies in the design or condition of the product. This is a comprehensive limitation of liability that applies to all losses and damages of any and all kinds, whether the claim is in contract, tort, product or strict liability, or negligence even if an authorized representative of Risefit had been advised of or should have known of the possibility of such damages, claims, or losses, and notwithstanding any failure of essential purpose of any limited remedy. Applicable law in certain jurisdictions may not allow the limitation of liability set forth above, so this limitation of liability may not apply to you. If any part of this limitation of liability is found to be invalid, unlawful, void, or unenforceable for any reason, then that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions, and the aggregate liability of Risefit, and/or any of its affiliates, owners, officers, directors, employees, agents, and suppliers, under such circumstances for liabilities that otherwise would have been limited shall not exceed the purchase price of the product.
APPLICABLE LAW AND VENUE
These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Virginia, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to the Terms and Conditions shall be filed only in the State Court in Virginia Beach, Virginia or the United States District Court for the Eastern District of Virginia, Norfolk Division, and except as stated herein, you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action, or proceeding arising out of the Terms and Conditions. Notwithstanding the above, any controversy or claim related to this Agreement shall be resolved exclusively by arbitration in accordance with the Federal Arbitration Act (Title 9, U.S. Code) (the “Act”). The Act will apply even though this Agreement provides that it is governed by the laws of the State of Virginia. Arbitration proceedings will be determined in accordance with the Act, under the Commercial Rules of the American Arbitration Association, except that discovery in said arbitration shall be limited in scope to the specifics of liability on the Claim, and any discovery related to damages calculations or any financials shall be withheld until after liability has been decided by the arbitrator(s). In the event of any inconsistency between the American Arbitration Association (“AAA”) rules and this paragraph, the terms of this paragraph shall control. The arbitration shall be administered by AAA and conducted in Virginia Beach, Virginia. All Claims shall be determined by one arbitrator. All arbitration hearings shall commence within ninety (90) days of the demand for arbitration and close within ninety (90) days of commencement, and the award of the arbitrator(s) shall be issued within thirty (30) days of the close of the hearing. However, the arbitrator(s), upon a showing of good cause, may extend the commencement of the hearing for up to an additional sixty (60) days. The arbitrator(s) shall provide a concise written statement of reasons for the award. The arbitration award may be submitted to any court having jurisdiction to be confirmed and enforced. The arbitrator(s) will have the authority to decide whether any Claim is barred by the statute of limitations and, if so, to dismiss the arbitration on that basis. For purposes of the application of the statute of limitations, the service on AAA under applicable AAA rules of a notice of Claim is the equivalent of the filing of a lawsuit. Any dispute concerning this arbitration provision or whether a Claim is arbitrable shall be determined by the arbitrator(s). The arbitrator(s) shall have the power to award legal fees pursuant to the terms of this Agreement. The prevailing party in any action or arbitration related to these Terms and Conditions shall be entitled to its reasonable attorneys’ fees and costs.
The terms of this section survive any termination of the Terms and Conditions.
The Terms and Conditions constitute the entire agreement between Risefit and you with respect to your purchase of products from Risefit. Any cause of action you may have with respect to Risefit’s products must be commenced within one (1) year after the claim or cause of action arises, notwithstanding any statutes of limitation to the contrary. Any failure by Risefit to enforce or exercise any provision of the Terms and Conditions or related right shall not constitute a waiver of that right or provision. The section titles used in the Terms and Conditions are purely for convenience and carry with them no legal or contractual effect. You may not assign or transfer any rights or obligations of these Terms and Conditions, by operation of law or otherwise, without Risefit’s written consent which may be withheld reasonably or unreasonably. Only you and Risefit shall be entitled to enforce these Terms and Conditions. No third party shall be entitled to enforce any of these Terms and Conditions. Subject to the foregoing, these Terms and Conditions will be binding on, inure to the benefit of, and be enforceable against you and Risefit's and their respective successors and assigns.
The terms of this section survive any termination of the Terms and Conditions.
OTHER IMPORTANT TERMS
These Terms and Conditions supersede any other terms and conditions previously published by us and any other representations or statements made by us to you, whether oral, written, or otherwise. We may assign, transfer, or sub-contract any of our rights or obligations under these Terms and Conditions to any third party at our discretion. No delay by us in exercising any right or remedy under these Terms and Conditions shall operate as waiver of that right or remedy or shall affect our ability to subsequently exercise that right or remedy. Any waiver must be agreed by us in writing.
Last updated March 13, 2021.