Terms & Conditions
Terms & Conditions of Sale
PLEASE
CAREFULLY READ THESE TERMS OF USE AND TERMS AND CONDITIONS OF SALE
(collectively with any amendments hereto, "TERMS AND CONDITIONS"). BY
USING THIS WEB SITE OR ANY WEB SITE OF Lisa Lynn Fitness LLC, PRODUCTS
OR SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS AND ANY
AMENDMENTS THERETO, AND AGREE THAT YOU ARE AT LEAST 13 YEARS OF AGE AND
ELIGIBLE TO USE THIS SITE AND PLACE AN ORDER FOR Lisa Lynn Fitness
LLCPRODUCTS AND SERVICES.
IF YOU ARE 13 TO 17 YEARS OF AGE, YOU
MUST USE THIS SITE OR Lisa Lynn Fitness’s PRODUCTS OR SERVICES ONLY WITH
THE INVOLVEMENT OF YOUR PARENT OR GUARDIAN.
IF YOU DO NOT AGREE
TO THE TERMS AND CONDITIONS, PLEASE DO NOT USE THE SITE OR ORDER OR USE
Lisa Lynn Fitness LLC PRODUCTS OR SERVICES.
Welcome to the Web
site of Lisa Lynn Fitness LLC, and its related sites, including, but not
limited to, lisalynnfitness.com, Lynfitnutrition.com, among others.
These Terms and Conditions govern and apply to your ("you" or "your")
access to and use of this Site and its related domains on which this
document appears, any order you place through any of the
lisalynnfitness.com websites, and—as applicable—your use of other
products or services of Lisa Lynn Fitness LLC. You must read these Terms
and Conditions carefully before placing an order, or using the Site. By
using the Site, and/or placing an order through the Site, you confirm
that you have read, understood, and agree to these Terms and Conditions
in their entirety. If you do not agree to these Terms and Conditions in
their entirety, you must not order any product or service through or
otherwise use the Site. The Terms and Conditions may be changed in the
future without further notice. Your continued use of the Site and/or
other products or services of Lisa Lynn Fitness LLC after any such
changes constitutes your acceptance of the new Terms and Conditions.
These Terms and Conditions apply to your access to, and use of, the
Site, any order you place through any of the Lisa Lynn Fitness Web
sites, and to all products and services we supply, produce, distribute,
or market. To the extent of any express inconsistency with any other
agreement you may have with Lisa Lynn Fitness for products, services, or
otherwise, that other agreement shall prevail unless explicitly stated
therein. If these Terms and Conditions refer or relate to a clause that
is not part of that other agreement, then these terms shall apply
therein as well, if you are a user of the Site. If you order a product
or service through the Site, these Terms of Use will also apply.
User Conduct
You
must only use the Site for lawful purposes, and you must not use it in a
way that infringes the rights of anyone else or that restricts or
inhibits anyone else's enjoyment of the Site. You may not without our
prior written consent:
- copy, reproduce, use, or otherwise deal with any content on the Site;
- modify, distribute, or re-post any content on the Site for any purpose; or
- Use the content of the Site for any commercial exploitation whatsoever.
In using the Site, you further agree:
- not to disrupt or interfere with the security of, or otherwise abuse, the Site, or any services, system resources, accounts, servers, or networks connected to or accessible through the Site or affiliated or linked sites;
- not to disrupt or interfere with any other user's enjoyment of the Site or affiliated or linked Web sites;
- not to upload, post, or otherwise transmit through or on the Site any viruses or other harmful, disruptive, or destructive files;
- not to use, frame, or utilize framing techniques to enclose any Lisa Lynn Fitness LLC trademark, logo, or other proprietar information (including the images found at the Site, the content of any text, or the layout/design of any page or form containedon a page) without Lisa Lynn Fitness LLC’s express written consent;
- not to use meta tags or any other "hidden text" utilizing a Lisa Lynn Fitness LLC ‘s name, trademark, or product name without Lisa Lynn Fitness LLC’s express written consent;
- not to deep link to this Site without Lisa Lynn Fitness LLC’s express written consent;
- not to create or use a false identity on this Site, share your account information, or allow any person besides yourself to use your account to access the Site;
- not to collect or store personal data about others;
- not to attempt to obtain unauthorized access to the Site or portions of the Site that are restricted from general access;
- not to post any material that is knowingly false and/or defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, profane, sexually oriented, threatening, invasive of a person's privacy, or otherwise violative of any law. You also agree not to post any copyrighted material unless the copyright is
owned by you or by and
- to be bound by the Product Submission Policies of Lisa Lynn Fitness LLC, including that any product submission you may make to Lisa Lynn Fitness LLC will not be held in confidence by Lisa Lynn Fitness LLC, and is not proprietary, that Lisa Lynn Fitness may use the product submission and any aspect thereof for any purposes in Lisa Lynn Fitness sole discretion, and that Lisa Lynn Fitness owes no duties or obligations with respect to you or the product submission made.
In addition, you agree that you will comply with all applicable
local, national, and international laws and regulations that relate to
your use of or activities on this Site.
We will not be
responsible, or liable to any third party, for the content or accuracy
of any materials posted by you or any other user of the Site. We have
the right to remove any material or posting you make on the Site if, in
our opinion, such material does not comply with the content standards
set out in these Terms and Conditions.
Privacy Policy
Users of this Site and/or other products or services of should refer to
Lisa Lynn Fitness LLC Privacy Policy for information about how Lisa
Lynn Fitness LLC uses and collects information. You agree that Lisa Lynn
Fitness LLC may disclose your personal information to a third party if
Lisa Lynn Fitness LLC believes in good faith that the law or legal
process requires it, to protect the rights or property of Lisa Lynn
Fitness LLC or others, or as otherwise described in the Privacy Policy.
Content uploaded to the Site
In the event that you upload any photographs, comments, video clips, or
other media to the Site (the "Uploaded Content"), Lisa Lynn Fitness LLC
has the exclusive right to use any and all such elements of the
Uploaded Content in connection with and/or as part of its business,
including in connection with and/or in any advertising in any and all
media, including, without limitation, product packaging, printed
publications, presentations, promotional materials, events and
associated marketing materials, television and cinema commercials,
videos, or Web sites, in perpetuity throughout the world as Lisa Lynn
Fitness LLC in its sole discretion sees fit without further consent or
payment. Lisa Lynn Fitness has all right, title, and interest in any and
all results and proceeds from such use of the Uploaded Content. Lisa
Lynn Fitness has the right to transfer the aforementioned rights to use
the Uploaded Content to any third party, including, but not limited to,
any of its subsidiaries or affiliated companies. Be Lisa Lynn Fitness
may alter, adapt, or edit the Uploaded Content and any further material
created under these Terms and Conditions, and market and exploit it
entirely at Lisa Lynn Fitness’s sole discretion. Lisa Lynn Fitness is
not obliged to make any use of the Uploaded Content or exercise any of
the rights granted by these Terms and Conditions.
Users of the Site must only post Uploaded Content that is owned by, and features, themselves, and no other third parties.
Changes to the Site
Lisa
Lynn Fitness may, in its sole discretion, terminate, change, modify,
suspend, make improvements to, or discontinue any aspect of the Site or
any products available through or outside of the Site, temporarily or
permanently, including the availability of any features of the Site or
access to any parts of the Site, at any time without notice to you, and
you agree that Lisa Lynn Fitness shall not be liable therefore.
Linked Sites
Lisa
Lynn Fitness makes no claim or representation regarding, and accepts no
responsibility for, the quality, content, nature, or reliability of
sites accessible by hyperlink from this Site, or sites linking to this
Site. The linked sites are not under the control of Lisa Lynn Fitness,
and Lisa Lynn Fitness is not responsible for the content of any linked
site or any link contained in a linked site, or any review, changes, or
updates to such sites. The inclusion of any link does not imply
affiliation, endorsement, or adoption by Lisa Lynn Fitness of the site
or any information contained therein. When leaving the Site, you should
be aware that Lisa Lynn Fitness Terms and Conditions and policies no
longer govern, and therefore you should review the applicable terms and
policies, including privacy and data-gathering practices, of that site.
Copyright and Trademarks
All
Site materials, including, without limitation, the Lisa Lynn Fitness
logos, design, text, graphics, software, other files, and the selection
and arrangement thereof (the "Content") are Copyright © LLC. ALL RIGHTS
RESERVED. Lisa Lynn Fitness LLC or its suppliers or licensors own and
retain other proprietary rights in all products available through the
Site. Except as stated herein, none of the Content may be copied,
modified, reproduced, distributed, republished, downloaded, performed,
displayed, posted, transmitted, sold, or made into derivative works in
any form or by any means, including, but not limited to, electronic,
mechanical, photocopying, recording, or otherwise, without the prior
written permission of Lisa Lynn Fitness LLC or the respective copyright
owner. You may not, without the express written permission of Lisa Lynn
Fitness or the respective copyright owner, (a) copy, publish, or post
any materials on any computer network or broadcast or publications
media; (b) modify the materials; or (c) remove or alter any copyright or
other proprietary notices contained in the materials. You also may not
(a) sell, resell, or make commercial use of the Site, its content, or
services or products obtained through the Site; (b) collect and use of
any product listings or descriptions; (c) make derivative uses of the
Site or its Content; or (d) use of any data mining, robots, or similar
data gathering and extraction methods. You are not conveyed any right or
license by implication, estoppel, or otherwise in or under any patent,
trademark, copyright, or other proprietary right of Lisa Lynn Fitness
LLC or any third party.
Indemnification
You agree to indemnify and hold harmless Lisa Lynn Fitness, its parents,
subsidiaries, shareholders, officers, directors, employees, agents, and
suppliers from any claim, action, demand, loss, or damages (including
attorneys' fees) made or incurred by any third party arising out of or
relating to your use of the Site, your violation of these Terms and
Conditions, or your violation of any rights of a third party
Product and Service Descriptions
We
have taken reasonable precautions to try to ensure that prices quoted
on the Site are correct and that all products have been fairly
described. However, when ordering products or services through the Site,
please note that products cannot be returned.
- orders will only be accepted if there are no material errors in the description of the goods or services or their prices as advertised on this Site, including, but not limited to, the event that a product is listed at an incorrect price due to typographical or other error;
- all prices are displayed in United States Dollars unless expressly indicated otherwise;
- packaging may vary from that shown on the Site;
- any weights, dimensions, and capacities shown on the Site are approximate only; and
- all items are subject to availability and we will inform you as soon as possible if the product(s) or service(s) you have ordered are not available and we may offer alternative product(s) or service(s) of equal or higher quality and value
Shipping
Unless otherwise noted, Lisa Lynn
Fitness will use its best efforts to ship products within 5 business days (Mon-Fri) or
less of the receipt of a properly completed order. However, any delivery
or shipment date provided by Lisa Lynn Fitness to you is Lisa Lynn
Fitness’s good-faith estimate. You understand that product availability
may be limited and particular products may not be available for
immediate delivery. Lisa Lynn Fitness shall not be liable for any loss,
damage, cost, or expense related to any delay in shipment or delivery.
Lisa Lynn Fitness cannot ship to P.O. boxes.
Order and Payment Information
If you use the Site or other means to purchase a product, payment must
be received by Lisa Lynn Fitness prior to Lisa Lynn Fitness’s acceptance
of an order, unless otherwise agreed by Lisa Lynn Fitness. Lisa Lynn
Fitness may need to verify information you provide before Lisa Lynn
Fitness accepts an order, and may cancel or limit an order any time
after it has been placed. If payment has already been made and your
order is cancelled or limited, Lisa Lynn Fitness will refund any payment
you made for the product that will not be shipped due to cancellation
or limitation of an order in the same tender as the original purchase.
Lisa Lynn Fitness expressly conditions its acceptance of your order on
your agreement to these Terms and Conditions. In ordering products
through the Site or otherwise, you agree to provide only true, accurate,
current, and complete information. You hereby certify that any email
account you provide to Lisa Lynn Fitness is registered to you. Lisa Lynn
Fitness shall have the right to bar your access to and use of the Site
or its other products or services if it has reasonable grounds to
believe that you have provided untrue, inaccurate, not current, or
incomplete information to Lisa Lynn Fitness, or for any other reason it,
in its sole discretion, deems appropriate. You agree that if you are
ordering or purchasing products on behalf of a company, that you have
sufficient authority to bind that company to the Terms and Conditions.
You agree that your placement of an electronic order on the Site is
sufficient to satisfy any applicable Statute of Frauds, and no further
writing is required.
Lisa Lynn Fitness may reject orders where
the stated delivery address is outside the United States and Canada.
Lisa Lynn Fitness will add applicable shipping and handling fees.
Lisa Lynn Fitness reserves the right without prior notice to
discontinue or change specifications and prices on products offered on
and outside of the Site without incurring any obligation to you.
Lisa Lynn Fitness’s descriptions of, or references to, products not
owned by Lisa Lynn Fitness on and outside of the Site do not imply
endorsement of that product, or constitute a warranty, by Lisa Lynn
Fitness.
