PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING OR USING OUR WEBSITES OR OTHER ONLINE OR MOBILE SERVICES OR APPLICATIONS (THE "SERVICES"), YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE. THESE TERMS CONTAIN AN ARBITRATION PROVISION REQUIRING YOU TO ARBITRATE ANY DISPUTES. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THE SERVICES.
These Terms of Use ("Terms") are a binding legal agreement between you and us and our subsidiaries (collectively or "we"), and apply to your access to, and use of, the Services, including any purchase you make through the Services. These Terms do not alter in any way the terms or conditions of any other agreement you may have with us for products, services or otherwise (including but not limited to the Product Testing Agreement). If you are using the Services on behalf of any entity, you represent and warrant that you are authorized to accept these Terms on such entity's behalf and that such entity agrees to indemnify you and us for violations of these Terms.
We reserve the right to change or modify these Terms or any policy or guideline of the Services, at any time and in our sole discretion. Any changes or modifications will be effective immediately upon posting the revisions on the Services, and you waive any right you may have to receive specific notice of such changes or modifications. Your continued use of the Services following the posting of changes or modifications will confirm your acceptance of such changes or modifications. Therefore, you should frequently review the Terms and applicable policies to understand the terms and conditions that apply to your use of the Services. If you do not agree to the amended terms, you must stop using the Services.
If you have any question regarding the Services or these Terms, please refer to our Help Section or to our Frequently Asked Questions. All other questions or comments about the Services should be directed to Customer Service.
1. Privacy Policy
Please refer to our Privacy Policy for information about how we collects, uses and discloses the personal information of our users.
Please note that if you have allowed cookies on our websites, our Services may contain Google Maps features and content for address verification purposes during the checkout and returns processes.
2. Terms of Sale
All sales made through the Services are governed by our Terms of Sale, below. Please refer to these Terms of Sale for the terms, conditions and policies applicable to your online purchases from us. These Terms of Sale are subject to change without notice, at any time and in our sole discretion, so you should review these Terms of Sale each time you make a purchase through the Services.
a. Pricing; Orders; Taxes
All items are subject to availability, and we reserve the right to impose quantity limits on any order. The prices listed via the Services are only advertisements and are not offers to form an agreement. By placing an order via the Services, you are making an offer to us to purchase products or services. Any order shall be subject to acceptance by us and we may reject all or any part of an order and discontinue products or services without notice. In addition, order confirmation emails are subject to product availability, will specify pre-ordered, back-ordered, or in-stock items, and will include an estimated shipping timeline. All prices are subject to change without notice, and you agree that taxes may be adjusted from the amount shown on the payment checkout screens. Several factors may cause this adjustment, such as variances between processor programs and changes in tax rates. Confirmation of additional information may be necessary prior to the acceptance of an order.
You will be responsible for any applicable sales or use taxes, duties or other governmental taxes or fees payable in connection with your purchase. We are not required to collect and remit sales or use taxes in all states and jurisdictions. If you do not pay such taxes or fees in connection with a transaction via the Services, you will be responsible for such taxes or fees in the event that they are later determined to be payable. We reserve the right to collect such taxes or other fees from you at any time.
b. Errors
We attempt to be as accurate as possible and to eliminate errors on the Services; however, we do not represent or warrant that any product, service, description, photograph, pricing or other information is accurate, complete, reliable, current or error-free. In the event of an error, whether on the Services, in an order confirmation, in processing an order, when delivering a product or service or otherwise, we reserve the right to correct such error and revise your order accordingly (including charging the correct price, or updating the shipping timeline) or to cancel the order and refund any amount charged. Your sole remedy in the event of an error is to return the product or service and obtain a refund in accordance with the requirements for returns provided in Section h (Returns and Exchanges) of these Terms of Sale.
c. Discounts
We may offer discounts or discount programs, either of which may be changed or revoked at any time. Discount programs are intended for personal use only (not for resale). You may not share discounts with third parties or make purchases for anyone other than immediate family members, unless the terms of the discount program state otherwise. Discount programs may not be applicable to specific products or to sale items. Discount programs cannot be combined with other offers, including free shipping.
3. Eligibility, Registration and Account
The Services are not targeted towards, nor intended for use by, anyone under the age of 13. If you are under the age of 18, or age of legal majority under applicable law, you may only use the Services under the supervision of a parent or legal guardian who agrees to be bound by these Terms. By using the Services, you represent and warrant that you (a) have not been previously suspended or removed from the Services; (b) do not have more than one online account with us; and (c) have full power and authority to enter into this agreement and that, in doing so, you will not violate any other agreement to which you are a party.
In order to create a profile or post a comment on the Services, you may need to register for an online account. When registering for an account, you cannot create an account name that incorporates a trademark without authorization from the trademark owner. We reserve the right to reclaim account names on behalf of any business or individual that holds legal claim, including trademark rights, in those names.
In consideration of your use of the Services, you agree to (v) not make fraudulent transactions; (w) provide accurate, current and complete information; (x) maintain and promptly update your account information; (y) maintain the security of your password and accept all risks of unauthorized access to your account and the information you provide to us; and (z) promptly notify us if you discover or otherwise suspect any security breaches related to the Services. You agree to not engage in any unlawful activity while using the Services.
4. Copyright and Limited License
Unless otherwise indicated on the Services, the Services and all content and other materials therein, including, without limitation, the logo and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, "Content") are the proprietary property of us or our licensors or users and are protected by copyright laws.
You are granted a limited, nonexclusive, non-sublicensable license to access and use the Services ; however, such license is subject to these Terms and does not include (a) any resale or commercial use of the Services or the Content therein; (b) the collection and use of any product listings, pictures or descriptions; (c) the distribution, public performance or public display of any Content; (d) modifying or otherwise making any derivative uses of the Services or the Content, or any portion thereof; (e) use of any data mining, robots or similar data gathering or extraction methods; (f) downloading (other than the page caching) of any portion of the Services, the Content or any information contained therein, except as expressly permitted on the Services; and (g) any use of the Services or the Content other than for their intended purposes. Any use of the Services or the Content other than as specifically authorized herein, without the prior written permission of us, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time.
5. Trademarks
This brand logo and any other product or service names, logos or slogans that may appear on the Services are trademarks of our company or our subsidiaries in countries, and may not be copied, imitated or used, in whole or in part, without the prior written permission of us or the applicable trademark holder. You may not use any metatags or other "hidden text" utilizing this brand or any other name, trademark or product or service name of us without our prior written permission. In addition, the look and feel of the Services, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of us and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Services are the property of their respective owners. Reference to any products, services, processes or other information, by name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by us.
6. Intellectual Property
You may not use a logo or other proprietary graphic of us to link to the Services without the express written permission of us. Further, you may not use, frame or utilize framing techniques to enclose any trademark, logo or other proprietary information, including the images found at the Services, the content of any text or the layout/design of any page or form contained on a page on the Services without our express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of us or any third party.
7. Third-Party Content
We may provide third party content or run promotions from third parties and may provide links to web pages, products, services and content of third parties on the Services (collectively, "Third Party Content"). We do not control, endorse or adopt any Third Party Content and makes no representation or warranties of any kind regarding the Third Party Content, including without limitation regarding its accuracy or completeness. Your business dealings or correspondence with, or participation in promotions of, such third parties, and any terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and such third party; when you leave the Services, you should be aware that our terms and policies no longer govern. We are not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or promotions or as the result of the presence of Third Party Content on the Services.
8. User Content and Interactive Features or Areas
The Services may include discussion forums, blogs or other interactive features or areas in which you or other users create, post, transmit or store content, including but not limited to text, music, sound, photos, video, Product Reviews (as defined in Section 11), graphics, code and other items or materials (collectively, "User Content"). User Content is publicly-viewable and may include your profile information and any content you post pursuant to your profile. You agree that you are solely responsible for your User Content and for your use of such interactive areas, and that you use them at your own risk.
By using the interactive areas of the Services, you agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Services any of the following:
User Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any User Content, you represent and warrant that you have the lawful right to distribute and reproduce such User Content;
User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
Unsolicited promotions, political campaigning, advertising or solicitations;
Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
Viruses, corrupted data or other harmful, disruptive or destructive files; or
User Content that, in the sole judgment of us, is objectionable or which restricts or inhibits any other person from using or enjoying the Services, or which may expose us or our users to any harm or liability of any type.
You further agree that you will not violate any law, contract, intellectual property or other third-party right or commit a tort, and that you are solely responsible for your conduct while on the Services. You agree that you will abide by these Terms and will not:
Use the Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Services, or that could damage, disable, overburden or impair the functioning of the Services in any manner;
Send any unsolicited or unauthorized advertising, solicitations, promotional materials, spam, junk mail, chain letters or pyramid schemes, or harvest or collect the email addresses or other contact information of other users from the Services for the purpose of sending spam or other commercial messages;
Use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access the Services or to extract data;
Reverse engineer any aspect of the Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any area, content or code of the Services (except as otherwise expressly permitted by law);
Use or attempt to use another's account without authorization from such user;
Attempt to circumvent any content filtering techniques we employ, or attempt to access any service or area of the Services that you are not authorized to access;
Attempt to indicate in any manner that you have a relationship with us or that we have endorsed you or any products or services for any purpose, except as required by the Federal Trade
Commission and other similar guidelines;
Engage in any harassing, intimidating, predatory or stalking conduct;
Develop any third-party applications that interact with User Content and the Services without our prior written consent; and
Use the Services for any illegal or unauthorized purpose or engage in, encourage, or promote any activity that violates these Terms.
We are not responsible or liable for the conduct of, or your interactions with, any users of the Services (whether online or offline), nor is our responsible or liable for any associated loss, damage, injury or harm. Enforcement of these Terms is solely in our discretion, and the absence of enforcement of these Terms in some instances does not constitute a waiver of our right to enforce these Terms in other instances. In addition, these Terms do not create any private right of action on the part of any third party or any reasonable expectation or promise that the Services will not contain any content that is prohibited by these Terms. As a provider of interactive services, we are not liable for any statements, representations or User Content provided by our users through the interactive area of the Services. Although we have no obligation to screen, edit or monitor any User Content, we reserve the right, and has absolute discretion, to remove, screen or edit any User Content posted or stored on the Services at any time and for any reason without notice, and you are solely responsible for creating backup copies of and replacing any User Content you post or store on the Services at your sole cost and expense.
Any use of the Services in violation of these Terms may result in, among other things, termination or suspension of your rights to use the Services.
9. Product Reviews; Rights in User Content
We may provide specific opportunities for you to tell our or other users what you think about our products or services ("Product Reviews"). If you take advantage of such a Product Review opportunity, you agree to state your opinions lawfully, honestly and in good faith and to reveal to others any conflict of interest or relationship that might influence your views (e.g., if someone is paying or giving you something for free to encourage you to comment, you agree to make appropriate disclosures). All Product Reviews are strictly the opinion of the user posting such review, and we do not endorse or approve of any such reviews or have any responsibility or liability for the accuracy, appropriateness or content of such reviews. Finally, we may use a third party to manage reviews or provide users with the opportunity to review products or services. In that case, you will also need to review such third party's terms of service and privacy policy to determine whether they are acceptable to you. If they are not, do not use the third party to provide Product Reviews.
10. Submissions
Separate and apart from User Content, you can submit questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information or materials about us, the Services or our other products and services ("Submissions"). Submissions, whether submitted through the Services or otherwise, are non-confidential and shall become the sole property of us. We shall own exclusive rights, including all intellectual property rights, in and to such Submissions and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
11. Indemnification
You agree to defend, indemnify and hold harmless us and our officers, agents, partners, employees, independent contractors, service providers and consultants, and their respective directors, employees and agents, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to: (a) your use of the Services; (b) any User Content you post, upload, use, distribute, store or otherwise transmit on or through the Services; (c) any Submissions you provide; (d) your violation of these Terms; or (e) your violation of the rights of another.
12. Disclaimer
EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY US, THE SERVICES AND THE CONTENT CONTAINED THEREIN ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE SERVICES AND CONTENT CONTAINED THEREIN. WE DO NOT REPRESENT OR WARRANT THAT CONTENT ON THE SERVICES IS ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE.
WE ARE NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT OR PHOTOGRAPHY. WHILE WE ATTEMPT TO MAKE YOUR ACCESS TO AND USE OF THE SERVICES SAFE, WE CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SITES OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD.
The Services may include items that encourage physical activity. They are for your information only and are not considered medical advice. Seek advice from your medical professional and consider all risks before engaging in any physical activity.
We are not responsible or liable for any injuries or damages you may experience that result from your use of, or inability to use, the Services or our products.
WE CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF OUR PRODUCTS OR SERVICES. ANY IMPLIED WARRANTIES ON PRODUCTS, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE ARE LIMITED IN DURATION TO THE 90-DAY PERIOD FOR RETURNS PROVIDED FOR IN THE RUN HAPPY PROMISE.
We reserve the right to change any and all content contained in the Services and to modify, suspend or discontinue the Services or any features or functionality of the Services at any time without notice and without obligation or liability to you. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by us. Some jurisdictions do not allow the disclaimer of implied terms in contracts with consumers or limits on how long an implied warranty lasts, so some or all of the limitations and disclaimers in this section may not apply to you.
13. Limitation of Liability
IN NO EVENT SHALL WE, OUR DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE PRODUCTS, SERVICES, OR THE CONTENT CONTAINED IN OR ACCESSED THROUGH THE SERVICES, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY ANY USER ON ANY INFORMATION OBTAINED FROM US, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO OUR RECORDS, PROGRAMS OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF US, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THESE TERMS, OR TO THE USE OF OR INABILITY TO USE THE PRODUCTS OR SERVICES, EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO US FOR ACCESS TO OR USE OF THE PRODUCTS OR SERVICES.
14. Applicable Law; Arbitration
PLEASE READ THE FOLLOWING PARAGRAPH CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE DISPUTES WITH US AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
You and we agree to arbitrate any dispute arising from these Terms or your use of the Services, except that you and we are not required to arbitrate any dispute in which either party seeks equitable and other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents. ARBITRATION PREVENTS YOU FROM SUING IN COURT OR FROM HAVING A JURY TRIAL. You and we agree that you will notify each other in writing of any dispute within thirty (30) days of when it arises. Notice to we shall be sent to us. You and we further agree: to attempt informal resolution prior to any demand for arbitration. Other than class procedures and remedies discussed below, the arbitrator has the authority to grant any remedy that would otherwise be available in court. Whether the dispute is heard in arbitration or in court, you and we will not commence against the other a class action, class arbitration or other representative action or proceeding.
15. Termination
Notwithstanding any of these Terms, we reserve the right, without notice and in our sole discretion, to terminate your right to use the Services, or any portion of thereof, and to block or prevent your future access to and use of the Services or any portion thereof.
16. Severability
If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
