General
This website (the “Site”) is owned and operated by FitSpresso (“COMPANY,” “we,” or “us”). By using the Site, you agree to these Terms of Service and to use the Site under them, as well as our Privacy Policy, Shipping Policy, Return Policy, and any other terms applicable to specific sections of the Site or products and services provided by COMPANY. Accessing the Site in any manner, whether automated or otherwise, constitutes your use of the Site and your agreement to be bound by these Terms of Service.
We reserve the right to modify these Terms of Service or impose new conditions on the use of the Site at any time. Any changes will be posted on this website. Your continued use of the Site after changes are posted will mean you accept the modified Terms of Service.
Intellectual Property Rights
Our License to You
This Site, along with all the materials available on it, is owned by us and/or our affiliates or licensors and is protected by copyright, trademark, and other intellectual property laws. The Site is provided for your personal, non-commercial use only. You may not use the Site or its materials in a way that infringes upon our rights or that has not been authorized by us. Unless explicitly allowed by these Terms of Service or by the owner of the materials, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute any material from the Site in any manner or medium. However, you may occasionally download and/or print a copy of individual pages from the Site for your personal, non-commercial use, provided that you keep all copyright and other proprietary notices intact.
Your License to Us
By posting or submitting any material (such as comments, blog entries, social media posts, photos, and videos) to us via the Site, social media, or any other means, you represent that you own the material or have permission to post it, and that you are at least 13 years old. When you submit material, you grant us and our affiliates a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and publicly display such material in any medium, now known or hereafter developed, for any purpose. This grant includes the right to exploit any proprietary rights in the material, including copyrights, trademarks, and patents. You also grant us the right to identify you as the author of any of your postings or submissions by name, email address, or screen name as we deem appropriate.
If any of your contributions to us are deemed to be a “work made for hire” under U.S. copyright law, COMPANY will be considered the author and exclusive owner of the work from the moment of creation. If your work is not considered a “work made for hire,” you agree to transfer all rights, title, and interest in the material to COMPANY, including all copyrights and trademarks, in perpetuity and in all media, whether now known or hereafter devised.
COMPANY has the right, but not the obligation, to use and display any submissions and may cease using or displaying them at any time for any reason.
Limitations on Linking and Framing
You may create a hypertext link to the Site as long as the link does not suggest any sponsorship of your site by us. However, you may not, without our prior written permission, frame or inline link any content of the Site or incorporate any of our material, content, or intellectual property into another website or service.
Disclaimers
The Site may contain links to third-party websites. These links do not imply an endorsement or sponsorship of those sites or the information, products, or services offered. We do not control any third-party content on those sites, and we are not responsible for it.
All content provided by third parties on the Site, including opinions, advice, services, offers, or other information, belongs to the respective authors or distributors. COMPANY does not guarantee the accuracy, completeness, or usefulness of any third-party content. The information, products, and services on the Site are provided “as is” without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. We do not warrant that the Site will be uninterrupted or error-free or that the Site or any part of it is free of viruses or other harmful components.
Online Commerce
Some sections of the Site may allow you to purchase products and services provided by third parties. We are not responsible for the quality, accuracy, or reliability of these products and services. When you make a purchase, the information you provide may be collected by both the merchant and us. Merchants may have privacy and data collection practices that differ from ours, and we are not responsible for their policies. If you have any issues with a third-party purchase, you should contact the merchant directly. Your dealings with third parties found on or through the Site are solely between you and the third party, and you agree that COMPANY is not responsible for any loss or damage resulting from such dealings.
Interactive Features
The Site may include various interactive features, such as forums, chat rooms, and email services, allowing users to communicate with us and each other. You are solely responsible for what you post or send through these features. You agree not to use the Site to post or transmit any content that is unlawful, threatening, abusive, defamatory, obscene, or otherwise objectionable. We reserve the right to monitor and remove any content at our discretion.
Registration
To access certain features of the Site, you may be asked to provide personal information. You agree to provide accurate and complete information and to update it as necessary. If we suspect that the information is inaccurate or incomplete, we may suspend or terminate your account.
Passwords
You are responsible for maintaining the confidentiality of your username and password. You must notify us immediately if you suspect any unauthorized use of your account. We are not liable for any loss or damage arising from your failure to protect your account information.
Mobile Message Service
By using the FitSpresso mobile message service, you agree to our Mobile Terms. Message and data rates may apply, and you can opt out at any time by following the provided instructions.
Limitation of Liability
Under no circumstances, including negligence, shall we be liable for any damages resulting from the use of, or the inability to use, the Site, including any content, products, or services offered through the Site. Your sole remedy is to discontinue using the Site.
Health & Wellness Content
The Site provides health, wellness, fitness, and nutritional information for educational purposes only. It is not a substitute for professional medical advice, diagnosis, or treatment. Always consult a healthcare professional with any questions about your health.
Termination
We may terminate your access to the Site at any time without notice. Upon termination, you must cease using the Site and destroy any materials obtained from it. The provisions regarding intellectual property, disclaimers, and limitations of liability shall survive any termination.
Refund Policy
To request a refund, contact customer service with your email address and/or order number. You must return the product within 180 days of purchase. Refunds may take 3-5 business days to process.
Digital Millennium Copyright Act (DMCA)
If you believe in good faith that materials hosted by COMPANY infringe your copyright, you may send a notice requesting the material be removed.
