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Terms of service
OVERVIEW
Welcome to United We Fit! The terms "we," "us," and "our" refer to United We Fit. United We Fit operates this store and website, including the information, content, features, tools, products, and services, in order to provide you, the customer, with an adequate shopping experience (the "Services"). United We Fit is powered by Shopify, which enables us to provide you with the Services.
The terms and conditions below, along with any policies contained therein (the "Terms of Service" or "Terms"), describe your rights and responsibilities when you use the Services.
Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty limitations and liability limitations.
By visiting, interacting with, or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy [LINK]. If you do not agree to these Terms of Service or the Privacy Policy, you must not use or access our Services.
SECTION 1 - ACCESS AND ACCOUNT
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use the Services on devices owned, purchased, or managed by you.
To use the Services, including accessing or browsing the online stores or purchasing products and services offered by us, you may be required to provide certain information such as your email address and billing, payment, and shipping information. You represent and warrant that all information you provide in our stores is accurate, current, and complete, and that you hold all necessary rights to provide such information.
Your account activity and the protection of your account credentials are your responsibility. You shall not transfer, sell, assign, or license your account to others.
SECTION 2 - OUR PRODUCTS
We have made efforts to offer an accurate presentation of our products and services in our online stores. However, the display of colors and product appearance may vary depending on the type of device you use to access the store, and the settings and configuration of that device.
We do not guarantee that the appearance or quality of the products or services you purchase will meet your expectations or be identical to what is described or shown in our online stores.
All product descriptions are subject to change at any time, without notice and at our sole discretion. We reserve the right to discontinue any product at any time and to limit the quantities of any products or services that we offer, to any person, geographic region, or jurisdiction, from time to time.
SECTION 3 - ORDERS
When you place an order, you are submitting an offer to purchase. United We Fit reserves the right to accept or refuse your order at its sole discretion for any reason. Your order is not confirmed until United We Fit confirms its acceptance. We must receive and process payment before accepting an order. Please review your order carefully before submission, as United We Fit may be unable to accommodate requests for order cancellation after acceptance. If we reject, modify, or cancel an order, we will notify you by contacting you via the email, billing address, and/or phone number provided by you at the time the order was submitted.
Your purchases are subject to return or exchange only in accordance with our Refund Policy.
You represent and warrant that you are making purchases for your personal or household use and not for resale or export.
SECTION 4 - PRICING AND BILLING
Prices, discounts, and offers are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is submitted, and you will see this price in your order confirmation email. Unless otherwise specified, published prices do not include taxes or customs, shipping, handling, and import fees.
Prices published in our online stores may differ from prices offered in physical stores, other online stores, or stores operated by third parties. We may, from time to time, offer promotions on the Services that may affect pricing and are governed by terms and conditions separate from these Terms. In case of a conflict between the terms of a promotion and these Terms, the promotion terms will prevail.
For all purchases made in our stores, you agree to provide current, complete, and accurate purchase, payment, and account information. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
You represent and warrant that (i) the credit card information you supply is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay the charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any.
SECTION 5 - SHIPPING AND DELIVERY
We are not responsible for shipping and delivery delays. All delivery times are estimates only and are not guaranteed. We are not liable for any delays attributable to shipping carriers, customs procedures, or events outside of our control. Title and risk of loss pass to you upon our transfer of the products to the shipping carrier.
SECTION 6 - INTELLECTUAL PROPERTY
Our Services, including but not limited to trademarks, brand names, text, displays, images, graphics, product reviews, video, and audio, as well as the design, selection, and arrangement thereof, are owned by United We Fit, its affiliates, or licensors and are protected by United States and foreign patent, copyright, and intellectual property laws.
These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Services without our written consent. Except as expressly stated, nothing contained in these Terms shall be construed as granting or being interpreted as a grant of any license or other right to you concerning any patent, trademark, copyright, or other intellectual property of United We Fit, Shopify, or any third party. Unauthorized use of the Services may result in a violation of federal and state intellectual property laws. All rights not expressly granted herein are reserved by United We Fit.
The United We Fit names, logos, product and service names, designs, and slogans are trademarks of United We Fit or its affiliates or licensors. You must not use such marks without the prior written permission of United We Fit. The Shopify name, logo, product and service names, designs, and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.
SECTION 7 - OPTIONAL TOOLS
You may have access to third-party customer tools as part of the Services that we do not monitor, control, or input.
You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion, and you must ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new features through the Services (including the release of new tools and resources). Such new features shall be deemed part of the Services and shall be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
The Services may contain materials and hyperlinks to websites provided or operated by third parties (including integrated third-party functionalities). We are not responsible for examining or evaluating the content or accuracy of third-party materials or websites you choose to access. If you choose to leave the Services to access such third-party materials or sites, you do so at your own risk.
We are not liable for any issues or damages related to your access to third-party websites, or your purchase or use of products, services, resources, or content on third-party websites. Please review the third-party's policies and practices carefully and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the third party.
SECTION 9 - RELATIONSHIP WITH SHOPIFY
[NOTE TO MERCHANT: This section details Shopify’s relationship with your store and must not be removed or modified.]
United We Fit is powered by Shopify, which enables us to provide you with the Services. However, the sales and purchases you make in our Store are directly with United We Fit. By using the Services, you understand and agree that Shopify is not responsible for any aspect of the sales between you and United We Fit, including any injury, damage, or loss arising from your purchase of products and services. You expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to purchases and transactions you make with United We Fit.
SECTION 10 - PRIVACY POLICY
All Personal Information we collect through the Services is subject to our Privacy Policy and certain Personal Information may be subject to the Shopify Privacy Policy, available here. By using the Services, you confirm that you have read the aforementioned privacy policies.
As the provider powering the Services, Shopify collects and processes Personal Information related to your access and use of the Services to offer and improve the Services for you. In order to offer and improve the Services for you, the data you submit to the Services will be transmitted to and shared with Shopify and third parties who may reside in countries other than your own. Please consult our Privacy Policy for more information on how we, Shopify, and our partners use your Personal Information.
SECTION 11 - FEEDBACK
When you submit, upload, post, email, or otherwise transmit any idea, suggestion, feedback, review, proposal, plan, or other content (collectively, "Feedback"), you grant us a perpetual, worldwide, transferable, royalty-free license to use, reproduce, modify, publish, distribute, and display such Feedback through any means for any purpose, including commercial purposes. For example, we may enforce our rights regarding this license to operate, provide, evaluate, improve, enhance, and promote the Services, to perform our obligations, and to exercise our rights as stated in the Terms of Service.
Furthermore, you confirm and agree that: (i) you possess the necessary rights for all Feedback; (ii) you have disclosed any rewards or incentives received for submitting Feedback; and (iii) your Feedback complies with these Terms. We are and shall be under no obligation to (1) maintain any Feedback in confidence; (2) pay compensation for any Feedback; or (3) respond to any Feedback.
While we are not obligated, we may monitor, edit, or remove Feedback that we determine, in our sole discretion, is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable, or violates any party’s intellectual property or these Terms of Service.
You confirm that your Feedback will not violate any right of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary right. You further agree that your Feedback will not contain libelous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Services or any related website. You must not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any Feedback. You are solely responsible for any Feedback you make and its accuracy. We take no responsibility and assume no liability for any Feedback posted by you or any third party.
SECTION 12 - ERRORS, INACCURACIES, AND OMISSIONS
Occasionally there may be information on our Services or in the Services that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information is inaccurate at any time without prior notice (including after you have submitted your 1order).
SECTION 13 - PROHIBITED USES
You may access and use the Services only for lawful purposes. You may not access or use the Services, directly or indirectly, to: (a) accomplish any unlawful or malicious purpose; (b) violate any local, provincial, state, federal, or international regulations, rules, laws, or ordinances; (c) infringe upon or violate our intellectual property rights or the intellectual property rights of others; (d) harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate against our employees or anyone else; (e) transmit false or misleading information; (f) submit, receive, upload, download, use, or reuse material that does not comply with these Terms; (g) transmit or procure the sending of any advertising or promotional material, including "junk mail," "chain letters," "spam," or any other similar solicitation; (h) impersonate or attempt to impersonate another person or entity; (i) engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm United We Fit, Shopify, or users of the Services or expose them to liability.
Furthermore, you agree not to: (a) upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services; (b) reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services; (c) collect or track the personal information of others; (d) spam, phish, pharm, pretext, spider, crawl, or scrape; (e) interfere with or circumvent the security features of the Services or any related website, other websites, or the Internet. We reserve the right to suspend, disable, or terminate your account at any time, without notice, if we believe you have violated any part of these Terms.
SECTION 14 - TERMINATION
We may terminate this agreement at any time or discontinue your access to the Services (or any part thereof) at our sole discretion and without notice; you will remain liable for all amounts due up to and including the date of termination.
The following sections shall survive any termination: Intellectual Property, Feedback, Termination, Warranty Disclaimer, Limitation of Liability, Indemnification, Severability, Waiver, Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other clause which by its nature endures beyond termination.
SECTION 15 - WARRANTY DISCLAIMER
The information presented on or through the Services is made available solely for general informational purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you, any other visitor to the Services, or by anyone who may be informed of any of its contents.
EXCEPT AS EXPRESSLY STATED BY UNITED WE FIT, THE SERVICES AND ALL PRODUCTS AND SERVICES OFFERED THROUGH THEM ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT, REPRESENT OR GUARANTEE THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. SOME JURISDICTIONS MAY RESTRICT OR PROHIBIT THE DISCLAIMER OF IMPLIED WARRANTIES OR OTHER WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
SECTION 16 - LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO CASE SHALL UNITED WE FIT, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, OR LICENSORS, OR SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICES OR ANY PRODUCTS PROCURED USING THE SERVICES; OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED 2TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVI3CES, EVEN IF ADVISED OF THEIR POSSIBILITY.
SECTION 17 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless United We Fit, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, service providers, and licensors from any losses, damages, liabilities, or claims, including reasonable attorneys’ fees, made by any third party due to or arising out of: (1) your breach of these Terms of Service or the documents they incorporate by reference, (2) your violation of any law or the rights of a third party, or (3) your access and use of the Services.
We will notify you of any indemnifiable claims, provided that failure to notify does not relieve you of your obligations unless you are materially prejudiced thereby. We may control the defense and settlement of any such claim at your expense, including the choice of counsel, but will not settle claims that require non-monetary obligations from you without your consent (which shall not be unreasonably withheld). You will cooperate in the defense of unindemnified claims, including by providing relevant documents.
SECTION 18 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 19 - WAIVER; ENTIRE AGREEMENT
The failure of Shopify to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Services constitutes the entire agreement and understanding between you and us and govern your use of the Services, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, betwee4n you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 20 - ASSIGNMENT
You may not delegate, transfer, or assign this Agreement or any of your rights or obligations hereunder without our written consent; any attempt to do so shall be void and null. We may transfer, assign, or delegate these Terms and our rights and obligations without notice to you or your consent.
SECTION 21 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the federal, state, or territorial courts in the jurisdiction where United We Fit is established. You and United We Fit agree to the venue and personal jurisdiction in those courts.
SECTION 22 - HEADINGS
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 23 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. We will notify you of material changes to these Terms in accordance with applicable laws, and such changes will be effective from the date specified in the notice. Your continued use of or access to the Services following the posting of any changes to the Terms of Service constitutes acceptance of those changes.
SECTION 24 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at helpunitedwefit@gmail.com