Website Terms and Conditions
Effective Date: 01/07/2024
These Terms and Conditions ("Terms") govern the use of My43fitness.com (the "Site"), owned and operated by 43 FITNESS STUDIOS LLC, an ecommerce website.
By using this Site, you acknowledge that you have read and understand these Terms and agree to abide by them.
DISPUTE RESOLUTION CLAUSE: Please read the dispute resolution clause carefully as it impacts your rights.
Intellectual Property:
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All content on the Site is the property of 43 FITNESS STUDIOS LLC, including images, text, logos, and documents.
User Contributions:
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Users may post items for sale, photos, videos, and public comments. By posting, you agree not to violate these Terms.
Accounts:
By creating an account, you agree to:
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Be responsible for your account's security.
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Provide accurate and up-to-date personal information.
We reserve the right to suspend or terminate accounts for illegal use or violation of these Terms.
Sale of Goods And Services:
These Terms govern the sale of fitness merchandise, gym memberships, and personal training services. Services must be paid in full when ordered.
We reserve the right to modify or cancel orders. Purchases are at your own risk.
Third-Party Goods and Services:
Goods and services from third parties on our Site are not guaranteed for quality or accuracy.
Membership Terms:
Card Requirement:
All members must have an active debit or credit card on file. Members are responsible for updating card information.
Automatic Renewal and Billing:
Membership renews automatically. Fees are charged on the same day monthly until cancellation notice is received.
Finality of Transactions:
All membership fees and retail purchases are final; no refunds or exchanges.
Cancellation Terms:
Cancellation requests must be submitted 10 days before the next billing cycle, in-person with a $25 processing fee.
Decline Payment Terms:
Automatic cancellation for card decline with a $25 fee. Late payment consequences may apply.
Collections Process:
Unresolved payments may lead to debt assignment to a third-party collections agency.
Communication and Responsibility:
Promptly communicate payment challenges. Account holders are responsible for up-to-date payment methods.
Shipping and Delivery:
Delivery charges apply. Provide accurate delivery information; we are not liable for inaccuracies.
Consumer Protection Law:
Where any consumer protection legislation in your jurisdiction applies and cannot be excluded, these Terms and Conditions will not limit your legal rights and remedies under that legislation. These Terms and Conditions will be read subject to the mandatory provisions of that legislation. If there is a conflict between these Terms and Conditions and that legislation, the mandatory provisions of the legislation will apply.
Links to Other Websites:
We are not responsible for third-party websites linked on our Site. Read their terms and policies.
Limitation of Liability:
43 FITNESS STUDIOS LLC and our directors, officers, agents, employees, subsidiaries, and affiliates will not be liable for any actions, claims, losses, damages, liabilities and expenses including legal fees from your use of the Site.
Indemnity:
Except where prohibited by law, by using this Site you indemnify and hold harmless 43 FITNESS STUDIOS LLC and our directors, officers, agents, employees, subsidiaries, and affiliates from any actions, claims, losses, damages, liabilities and expenses including legal fees arising out of your use of our Site or your violation of these Terms and Conditions.
Applicable Law:
These Terms are governed by the laws of the State of Idaho.
Dispute Resolution:
If disputes arise, mediation and arbitration are required. Small claims court actions and actions for injunctive relief are retained.
Severability:
If at any time any of the provisions set forth in these Terms and Conditions are found to be inconsistent or invalid under applicable laws, those provisions will be deemed void and will be removed from these Terms and Conditions. All other provisions will not be affected by the removal and the rest of these Terms and Conditions will still be considered valid.
Changes:
Terms may be amended. Users will be notified of changes by email or on the Site.