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TERMS OF USE

Welcome to the For Two Fitness website and blog (the “Site”). Please review the following terms and conditions of use, which govern your use of the Site (the "Agreement").

Your use of the Site constitutes your acceptance of this Agreement.  Further, your use of the Site constitutes your acknowledgement that any information you provide through the Site will be managed according to our Privacy Policy, and this Privacy Policy is incorporated within this Agreement.  We reserve the right to update or modify this Agreement at any time without prior notice.  If you do not agree to these terms, please discontinue use of content immediately.

We reserve the right, at any time in our sole discretion, to: modify, suspend or discontinue the Site or any product or content offered through the Site, with or without notice; charge fees in connection with the use of the Site; modify and/or waive any fees charged in connection with the Site; and/or offer opportunities to some or all users of the Site.  You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site, or any service, content, feature or product offered through the Site.

Site Transactions

We reserve the right to refuse any order you place with us.  We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order for any reason or for no reason.  In the event we make a change to or cancel an order, we will attempt to notify you via the contact information provided at the time the order was made.

Sales. Promotions, and Price Adjustments

Sale and promotions are offers with their own terms and conditions.  Returns may void promotions applied (for example, if a minimum purchase was required, or if purchase tiers correspond to different discounts).  When returns are received, refunds or credits will be adjusted accordingly.  Unless otherwise noted, sales and promotions may not be applied toward previously purchased merchandise, or merchandise purchased after the sale has terminated.  Tax and shipping are excluded from sales and promotions unless otherwise specified.  Price adjustments refer only to the actual sale price of an item, and not to the application of a promotional code.  Price adjustments are honored within 14 days of purchase: if the actual sale price of the item on our website changes within 14 days of your purchase we will be glad to refund you the difference.

Shipment of Order

Orders will be shipped to the address designated by the purchaser.  All purchases from For Two Fitness are made pursuant to a shipment contract.  As a result, risk of loss for items purchased pass to the buyer upon delivery of the items to the carrier.  The buyer is responsible for filing any claims with carriers for damaged and/or lost shipments.  If items are returned to us undeliverable, the purchase price will be refunded, but shipping costs will not.

Site Content

Unless otherwise noted, the Site, and all materials on the Site, including text, images, illustrations, designs, icons, photographs, video clips and other materials, and the copyrights, trademarks, trade dress and/or other intellectual property in such materials, whether registered or unregistered (collectively, the "Content"), are proprietary and owned, controlled or licensed by For Two Fitness.  The Site and the Content are intended solely for personal, non-commercial use, with the sole exception of the images provided for media use, which may be used without the prior consent of For Two Fitness except in a libelous manner or as part of adult content.  You may not reproduce (except as noted above), publish, transmit, distribute, display, create derivative works from, sell or exploit in any way any of the Content or the Site.  The Content may not be used except as permitted in these Terms and Conditions or with the prior written permission of the owner of such Content.  Any unauthorized use by you of such Content may subject you to civil and criminal penalties.

Unless otherwise specified, the Site and the Content are intended to promote For Two Fitness’ products.  The content on this site does not constitute medical advice.  You should consult your doctor before beginning or continuing any exercise regimen, particularly though pregnancy and postpartum recovery.  For Two Fitness is not responsible for any medical or health problems that may result from your engaging in any activities described on this site or from any information you obtain from this site.

Establishing an Account

In order to purchase products/services and use some features from the Site you may be required to establish and use an account.  You may only establish an account if you are 18 years of age or older.  In addition to your name and contact information, you may be required to submit a valid credit card number, billing address, and related billing information in connection with your account.  When you register for an account you must provide accurate and truthful information.  By establishing an account, you represent and warrant you have the right and are authorized to provide the information you provide when you register for the account.  You are responsible for maintaining the confidentiality of your account information and password and for restricting access to such information and to your computer.  All activities that occur under your account or password shall be your responsibility.

User Submissions and Communications

Feedback:  For Two Fitness welcomes your feedback about our products and services, which help us serve you better.  If you submit any feedback or ideas about our products and services to this site, you hereby assign to For Two Fitness all right, title and interest in and to such feedback.  You hereby grant us a worldwide, irrevocable, non-exclusive, royalty-free, perpetual license to reproduce, disclose, transmit, modify, create derivative works of, edit, adapt, publish, publicly perform and display, distribute, translate, syndicate, sublicense and otherwise use User Communications in any manner whatsoever for any or all commercial or non-commercial purposes.

Unsolicited Ideas: For Two Fitness or any of its employees or contractors do not accept any unsolicited ideas, including ideas for new advertising campaigns,  promotions, products or product enhancements, slogans, graphics, artwork, processes, materials, or product names. Please do not transmit or post to the Site any material you would like to keep confidential or for which you desire acknowledgement or compensation.  To avoid misunderstandings or disputes regarding perceived similarity between creative works submitted by users and the future projects developed by For Two Fitness, it is our policy that any material, information, ideas or any other communication or content you transmit or post to For Two Fitness or the Site in any manner or form, including blog comments, email and postal mail, ("User Communications") (i) is and will be considered non-confidential, non-personal and non-proprietary to you or anyone else and (ii) may be disseminated or used by us for any purpose without acknowledgement or  compensation to you or anyone else.  You agree that For Two Fitness shall not be required pay compensation for, respond to, or maintain in confidence any User Communications.    For Two Fitness has the right but not the obligation to monitor and edit or remove any User Communications.

All User Communications: You agree that your User Communications will not violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right.  You further agree that User Communication will not contain libelous or otherwise unlawful, or abusive or obscene material.  User Communication must not contain software viruses (or malware that could in any way affect the operations of the Site), spiders, spybots, commercial solicitation, chain letters, mass mailings, any form of spam, or any other content that is prohibited under these Terms and Conditions.  You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead For Two Fitness or third parties as to the origin of any User Communications.  You are solely responsible for any User Communications you make and their accuracy, and any damages caused by your User Communications.  You agree to pay for all royalties, fees, damages and any other monies owing any person by reason of any User Communications posted by you to or through this site.  For Two Fitness takes no responsibility and assumes no liability for any User Communications posted by your or any third party.  We do not guarantee that User Communications will not be lost or damaged or that you will be able to retrieve User Communications.

Product Information, Including Errors, Inaccuracies, and Omissions

Some products displayed on the Site are available in select third party stores in the United States and, in some cases, select foreign markets.  The prices displayed on the Site are quoted in U.S. Dollars.  Items purchased from third party retailers, whether online or at brick-and-mortar stores, are the responsibility of those retailers, and must be returned via the policies of the business through which they were purchased.  Because For Two Fitness does not control merchandise after it is purchased by a third party retailer, For Two Fitness cannot accept online returns of items purchased from another retailer, even if they are defective or damaged.  

For Two Fitness takes reasonable efforts to ensure that information on the Site is complete, accurate and current.  Despite our efforts, however, the information may occasionally be inaccurate, incomplete or out of date.  Occasionally there may be information on our Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, 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 on the Site is inaccurate at any time without prior notice (including after you have submitted your order).  We have made every effort to display as accurately as possible the colors of our products that appear at the Site.  We cannot guarantee that your computer monitor's display of any color will be accurate.  Products included on the Site may be unavailable, may have different attributes than those listed, or may actually carry a different price than that stated.  Weights, measures, product descriptions, recommendations, commentary regarding products and similar descriptions are provided for convenience purposes only and may be approximations.  All Features, Content, and products and services available on or through the Site, including, but not limited to, prices of such products and services, are subject to change at any time without notice.  The inclusion of any Features, Content, products or services in this Web Site at a particular time does not imply or warrant that these products or services will be available at any time.

Links to Other Web Site and Services

The Site may contain links to other Web Site that are not under the control of For Two Fitness.  As such, For Two Fitness has no responsibility for the linked Web Site nor does linking constitute an endorsement of any linked Web site.  Links are provided solely for the convenience and information of the Site' users.  If you decide to access any other web site linked to or from this Web Site, you do so entirely at your own risk, and you may be subject to the terms and conditions and the privacy policies imposed by such third parties.

Intellectual Property

For Two Fitness respects the intellectual property rights of others, and we ask you to do the same.  If you believe that your work is the subject of copyright infringement and/or trademark infringement and appears on our site, please provide For Two Fitness with the following information:

  • A physical signature of a person authorized to legally act on behalf of the owner of an exclusive right that is allegedly infringed.
  • Identification of the protected work claimed to have been infringed, or, if multiple works at a single online site are covered by a single notification, a representative list of such works at that site.
  • Identification of the material that is claimed to be the subject of infringing activity on the Site.
  • Information reasonably sufficient to permit For Two Fitness to contact you as the complaining party, such as an address, telephone number, and electronic mail address at which you may be contacted.
  • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright and/or trademark owner, its agent, or the law.
  • A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Please also note that any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

Disclaimer and Indemnification

The materials on the Site are provided "as is," “with all faults” and “as available” without warranties of any kind, either express or implied, including without limitation, warranties of title, implied warranties of merchantability, fitness for a particular purpose or non-infringement of intellectual property.  For Two Fitness expressly disclaims any duty to update or revise the materials on the Site, although we may modify the materials at any time without notice.  Your use of the Site is at your sole risk, and you assume full responsibility for any costs associated with your use of the Site.  For Two Fitness shall not be liable for any damages of any kind related to your use of the Site, including your inability to use or the results of your use.  Any content downloaded or otherwise obtained by the Site is at your own risk.  We will not be responsible for any damage to your computer system, interruption of business, or loss of data resulting from obtaining content from the Site.  We do not warrant that your enjoyment of the site will be without interference, or that your requests will be honored according to your schedule or any schedule, or that the Site will be timely, secure, or error free, or that Content is appropriate for use in a particular location, or that the Content is accurate and complete.

To the fullest extent permissible by applicable law, For Two Fitness hereby disclaims all warranties, express or implied, of any kind with respect to the products or services purchased through the Site.  We also hereby disclaim all liability for product defect or failure, claims due to normal wear, product misuse, abuse, modification, improper selection, or non-compliance.  These exclusions do not apply to extent prohibited by law.

You agree to defend, indemnify and hold For Two Fitness harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the Site and/or your breach of any representation, warranty, or other provision of the Agreement.

Dispute Resolution

Both you and For Two Fitness agree to the following dispute resolution procedure: In the event of any controversy, claim, action or dispute arising out of or related to any transaction conducted on the Site, or the breach, enforcement, interpretation, or validity of this Agreement or any part of it ("Dispute"), the party asserting the Dispute shall first try in good faith to settle such Dispute by providing written notice to the other party by certified mail describing the facts and circumstances (including any relevant documentation) of the Dispute and allowing the receiving party 30 days in which to respond to or settle the Dispute.  Notice shall be sent to For Two Fitness at: 13900 Marquesas Way STE 3135, Marina Del Rey, CA 90292 or to you at your last-used billing address.  Both you and For Two Fitness agree that this dispute resolution procedure is a condition precedent which must be satisfied prior to initiating any litigation or filing any claim against the other party.

Termination

These terms are effective unless and until terminated by For Two Fitness.  For Two Fitness may terminate or change this Agreement at any time without notice, and accordingly may deny you access to the Site.  The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this Agreement for all purposes.

Miscellaneous

This Agreement shall be construed in accordance with the laws of the State of California, without regard to any conflict of law provisions.  Any dispute arising under this Agreement shall be resolved exclusively by the state and/or federal courts of the State of California. 

If any provision of these Terms of Use is held to be invalid, illegal or unenforceable in any respect under any applicable law or rule in any jurisdiction, such invalidity, illegality or unenforceability will not affect the effectiveness or validity of any provision in any other jurisdiction, and these Terms of Use will be reformed, construed and enforced in such jurisdiction as if such provision had never been contained herein.  These Terms of Use and our Privacy Policy constitute the entire agreement between you and For Two Fitness with respect to the site, and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and For Two Fitness with respect to the site.

Contact Us

For issues or questions related to the Site or this Agreement please contact Customer Service at customercare@fortwofitness.com.