Terms of Service
Disclaimers and Limitation of Liability
The FitnessFactory.com site is provided on an "AS IS," "as available" basis. Neither Fitness Factory nor its affiliates, subsidiaries, or designees nor each of their respective officers, directors, employees, agents, third-party content providers, designers, contractors, distributors, merchants, sponsors, licensors or the like (collectively, "associates") warrant that use of the FitnessFactory.com site will be uninterrupted or error-free. Neither Fitness Factory nor its associates warrant the accuracy, integrity or completeness of the content provided on the FitnessFactory.com site or the products or services offered for sale on the FitnessFactory.com site. Further, Fitness Factory makes no representation that content provided on the FitnessFactory.com site is applicable or appropriate for use in locations outside of the United States. Fitness Factory specifically disclaims warranties of any kind, either expressed or implied, including but not limited to warranties of title or implied warranties of merchantability or fitness for a particular purpose. No oral advice or written information given by Fitness Factory, nor its associates, shall create a warranty. You expressly agree that use of the FitnessFactory.com site is at your sole risk.
Under no circumstances shall Fitness Factory or its associates be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the FitnessFactory.com site, including but not limited to reliance by a user on any information obtained at the FitnessFactory.com site, 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 Fitness Factory records, programs or services. The foregoing Limitation of Liability shall apply whether in an action of contract, negligence or other tortious action, even if an authorized representative of Fitness Factory has been advised of or should have knowledge of the possibility of such damages. User hereby acknowledges that this paragraph shall apply to all content, merchandise and services available through the FitnessFactory.com site. Because some states do not allow the exclusion or Limitation of Liability for consequential or incidental damages, in such states liability is limited to the fullest extent permitted by law.
Errors on Our Site
Prices and availability are subject to change without notice. Errors will be corrected where discovered, and Fitness Factory reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions including after an order has been submitted and whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, FitnessFactory.com will issue a credit to your credit card account in the amount of the charge. Individual bank policies will dictate when this amount is credited to your account.
While Fitness Factory takes steps to ensure the accuracy and completeness of product and third-party services provided, please refer to the originator of information for details, for example the manufacturer for complete product details.
Fitness Factory reserves the right to change the products described in text or photography on this site. Products will function similar to those described, changes in function or appearance may occur as we improve our product lines and models. We will make every attempt to accurately describe and reproduce our products.
Quantities May be Limited
Fitness Factory may, at its own discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by the same FitnessFactory.com account, credit card, and also orders which use the same billing and/or shipping address. Notification will be sent to the e-mail and/or billing address provided should such change occur. We reserve the right to limit the quantities sold, including the right to limit or prohibit sales to dealers.
Content included on or comprising the FitnessFactory.com site, including information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds and other material (collectively "Content") are protected by copyrights, trademarks, patent or other proprietary rights, and these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is copyrighted as a collective work under the U.S. and international copyright laws, and Fitness Factory owns, to the fullest extent allowed by such laws, the copyright in the selection, coordination, arrangement, and enhancement of such Content. Except as expressly authorized or licensed, you may not copy, modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale, lease or rental of, create derivative works from or in any way exploit any of the Content, in whole or in part.
One or more patents are pending that apply to this site.
The Fitness Factory logos and other trademarks on the site are the property of their respective owners and are owned by, licensed to, or, where required, used with permission by Fitness Factory and may not be reproduced, copied, or manipulated in any manner without the express, written approval of the trademark owner.
Fitness Factory does not want to receive confidential, proprietary or trade secret information through the FitnessFactory.com site (excluding information relating to any order you submit). Please note that any information, materials, suggestions, ideas or comments sent to the FitnessFactory.com site will be deemed non-confidential, and, by submitting any such information, you are granting Fitness Factory an irrevocable and unrestricted license to use, modify, reproduce, transmit, display and distribute such materials, information, suggestions, ideas or comments for any purpose whatsoever. However, we will not use your name in connection with any such materials, information, suggestions, ideas or comments unless we first obtain your permission or are otherwise required by law to do so.
The FitnessFactory.com site is created, operated and controlled by FitnessFactory.com, Inc. in the State of Illinois, United States of America. As such, the laws of the State of Illinois will govern these Terms of Service without giving effect to any principles or conflicts of laws. We reserve the right to make changes to the FitnessFactory.com site and these Terms of Service at any time by updating this posting. By using the FitnessFactory.com site, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then current Terms of Service to which you are bound.
The Web site address for the FitnessFactory.com site is http://www.FitnessFactory.com
References to Fitness Factory herein refer to Fitness Factory Co., Inc., FitnessFactory.com, Inc. or it or their affiliates, subsidiaries and designees as deemed appropriate by Fitness Factory. The mailing address for Fitness Factory is 1900 S. Des Plaines Ave, Forest Park, IL 60130.
Links to Third-Party Web Sites
The FitnessFactory.com site contains links to other sites. The links are meant to enable access to publicly available information to those who are allowed to the FitnessFactory.com site only. Fitness Factory makes no representations whatsoever about any other Web site which you may access through the FitnessFactory.com site. When you leave the FitnessFactory.com site, please understand that Fitness Factory has no control over the content on that Web site. In addition, a link to a non-Fitness Factory Web site does not imply and does not constitute sponsorship, endorsement, approval or responsibility for the content, or the use of such third-party Web site. Fitness Factory makes no representation or warranty as to any third-party products or services. No rights to use or copy the information on this or the third-party site are granted or implied.
These Terms of Service represent the entire agreement between you and Fitness Factory regarding your relationship with Fitness Factory and supersede any prior statements or representations. By using the FitnessFactory.com site YOU AGREE TO BE BOUND BY THE TERMS OF SERVICE. If you are dissatisfied with the FitnessFactory.com site or any content on the FitnessFactory.com site or with these Terms of Service, your sole and exclusive remedy is to discontinue using the FitnessFactory.com site.
For all other questions regarding our policies please contact Fitness Factory customer service at 1-800-556-3113 (U.S. Only) or 1-708-427-3500.