Terms and Conditions

1. Agreement to Terms

By accessing or using BestFitnessShop (“we,” “our,” or “us”) website located at bestfitnessshop.com (the “Site”), you agree to be bound by these Terms and Conditions (“Terms”). If you do not agree to these Terms, please do not access or use our Site.

We reserve the right to modify these Terms at any time. All changes will be effective immediately upon posting to the Site. By continuing to use the Site after changes are posted, you agree to those changes.

2. Intellectual Property Rights

Unless otherwise indicated, the Site and all content and other materials therein, including, without limitation, our logo, and all designs, text, graphics, pictures, information, data, software, and files (collectively, “Content”) are the proprietary property of BestFitnessShop or our licensors or users.

You are granted a limited, non-exclusive, non-transferable, and non-sublicensable license to access and use the Site and Content for your personal, non-commercial use. We reserve all rights not expressly granted to you in these Terms.

3. User Representations

By using the Site, you represent and warrant that:

• You have the legal capacity and agree to comply with these Terms
• You will not use the Site for any illegal or unauthorized purpose
• Your use of the Site will not violate any applicable law or regulation
• You are at least 13 years of age (or the age of majority in your jurisdiction)

4. Prohibited Activities

You may not access or use the Site for any purpose other than that for which we make the Site available. The following activities are prohibited:

• Systematically retrieving data or other content from the Site
• Using any information from the Site to harass, abuse, or harm another person
• Making any unauthorized use of the Site, including collecting usernames and/or email addresses
• Engaging in unauthorized framing of or linking to the Site
• Uploading or transmitting viruses, Trojan horses, or other material that interferes with any party’s use of the Site
• Attempting to bypass any measures of the Site designed to prevent or restrict access to the Site
• Copying or adapting the Site’s software, including but not limited to HTML, JavaScript, or other code
• Deciphering, decompiling, disassembling, or reverse engineering any of the software comprising or in any way making up a part of the Site

5. User Generated Contributions

The Site may invite you to chat, contribute to, or participate in blogs, message boards, and other functionality where you may create, submit, post, display, transmit, publish, distribute, or broadcast content and materials to us or on the Site.

By posting Contributions, you grant us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right and license to use, copy, reproduce, distribute, and display such Contributions.

6. Affiliate Links and Third-Party Websites

The Site may contain links to third-party websites or services that are not owned or controlled by BestFitnessShop. We participate in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for sites to earn advertising fees by advertising and linking to Amazon.com.

We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that BestFitnessShop shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.

For more information about our affiliate relationships, please see our Amazon Affiliate Disclosure.

7. Site Management

We reserve the right, but not the obligation, to:

• Monitor the Site for violations of these Terms
• Take appropriate legal action against anyone who violates the law or these Terms
• Refuse, restrict access to, or disable any of your Contributions
• Otherwise manage the Site in a manner designed to protect our rights and property

8. Privacy Policy

We care about data privacy and security. Please review our Privacy Policy. By using the Site, you agree to be bound by our Privacy Policy, which is incorporated into these Terms.

9. Disclaimer

THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF.

WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY:

• ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS
• PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE
• UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY PERSONAL INFORMATION STORED THEREIN
• INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE
• BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE

10. Limitations of Liability

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

11. Indemnification

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of your use of the Site, your Contributions, breach of these Terms, or your violation of the rights of a third party.

12. Governing Law

These Terms and your use of the Site are governed by and construed in accordance with the laws of the State of 537 Stone Rd Suite F Benicia, CA 94510 applicable to agreements made and to be entirely performed within the State of 537 Stone Rd Suite F Benicia, CA 94510, without regard to its conflict of law principles.

13. Contact Us

In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at:

Email: info@bestfitnessshop.com