TherFit Enterprises, LLC
Terms of Use

LEGAL NOTICES – PLEASE READ THESE TERMS CAREFULLY.
THIS AGREEMENT GOVERNS YOUR USE OF THE THERFIT™ RETAIL SITE.

THIS AGREEMENT, AS AMENDED FROM TIME TO TIME, GOVERNS YOUR USE OF THE THERFIT™ ONLINE RETAIL STORE SITE MADE AVAILABLE BY THERFIT ENTERPRISES, LLC (“THERFIT,” “WE” or “US”) THROUGH INDIVIDUAL WEB SITES (EACH A “SITE”) UNDER THE THERFIT.COM DOMAIN. BY ACCESSING AND USING THE SITES, YOU AGREE TO BE BOUND BY THIS AGREEMENT.

THERFIT MAY CHANGE THE AGREEMENT TERMS FROM TIME TO TIME IN ITS SOLE DISCRETION UPON REASONABLE NOTICE, AND YOUR USE OF THE SITE AFTER NOTICE OF CHANGES WILL CONSTITUTE YOUR AGREEMENT TO ABIDE BY THE AGREEMENT TERMS AS CHANGED. IF YOU DO NOT AGREE TO THE TERMS, THEN YOU MAY NOT ACCESS OR USE THE SITE.

1.1 Limited License. TherFit grants you a limited, revocable license to access and make use of the Site for your personal or internal business purposes. This license does not include, and you are expressly prohibited from: (i) collecting and using product listings, descriptions, or prices; (ii) creating derivative works using the Site or its contents; (iii) using data mining tools, bots, or similar data gathering techniques and tools; (iv) framing or using framing techniques to enclose any Site content without our express written consent; and (v) using any meta tags or any other ‘hidden text’ that uses our name or any of our trademarks or services mark. We may terminate this license and your rights to use the Site for any reason at any time.

1.2 Links to Other Materials. Linked sites are not under the control of TherFit and TherFit is not responsible for the content of any linked site or any link contained in a linked site. We reserve the right to terminate any link or linking program at any time. We provide such links only as a convenience to you. We have not endorsed, tested or verified any information, programs, companies, or products on sites to which it links. If you decide to access any third party sites linked to this Site, you do so entirely at your own risk.

1.3 Minors; Territory. The Site is a business and commercial web site and may not be accessed by persons under the age of 18. TherFit operates this Site from its office within the United States. TherFit makes no representation that content and materials on this Site are legal or appropriate for use from

outside the United States. If you access this Site from outside the United States, you do so at your own risk. You may not use the Site in violation of United States export laws and regulations.

1.4 Privacy. Please review our Privacy Notice, which also governs your use of the Site. A copy of the Privacy Notice may be found at [insert hyperlink].

1.5 Your Account. You may register at the Site if you are over eighteen (18) years of age. Do not register if you are not over eighteen (18) years of age. If you are over eighteen (18) years of age and do register, then you will have an email address/username and password for your account. You are responsible for maintaining the confidentiality of your account, username and/or password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password. You agree to provide only current, complete, accurate and truthful information. If you are accessing and using the Site on someone else's behalf, then you represent that you have the authority to bind that person as the principal to this Agreement, and to the extent you do not have such authority you agree to be bound to this Agreement and to accept liability for harm caused by any wrongful use of the Site or content resulting from such access or use. We reserve the right to refuse service and/or terminate accounts without prior notice if the terms of this Agreement are violated or if we decide, in our sole discretion, that it would be in TherFit’s best interests to do so.

factors into account in assessing and addressing your individual health care needs. If you use any health information on this website, you agree that TherFit is not responsible or liable for any claim, loss or damage directly or indirectly resulting from this information, and that your use is subject to the disclaimers and limitations set forth below.

2.2 Returns. TherFit will accept and process returns and refunds relating to Storefront Products in accordance with this Agreement and TherFit’s posted refund policies at the time of the applicable order.

3.1 Purchases. All purchases made from TherFit through the Site or otherwise will be governed by the “TherFit Enterprises, LLC Terms of Sale,” a copy of which may be found at [insert hyperlink], as they may be amended by TherFit from time to time in its sole discretion. You agree that any additional or different terms contained on your purchase order or any other form submitted by you will have no force or effect.

3.2 Pricing. TherFit cannot confirm the price of an item until you order. You acknowledge that occasionally an item in our catalog may be mispriced. If an item’s correct price is higher than our stated price, then we will, at our discretion, either contract you for instructions before shipping or cancel your order and notify you of the cancellation.

3.3 Product Descriptions. TherFit does not warrant that product descriptions or other content of this Site are accurate, complete, reliable, current, or error-free.

3.4 Electronic Contracting. These Agreement terms evidence the intent of TherFit and you to create binding purchase and sale obligations electronically through the Site. A record, signature, or manifestation of assent will not be denied legal effect solely because it is in electronic form. A contract may not be denied legal effect or enforceability solely because an electronic record was used in its formation. Further, you hereby consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on

7.2 Limitation. NOTWITHSTANDING ANY DAMAGES THAT YOU MIGHT INCUR FOR ANY REASON WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ALL DAMAGES REFERENCED ABOVE AND ALL DIRECT OR GENERAL DAMAGES), THE ENTIRE LIABILITY OF THERFIT UNDER ANY PROVISION OF THIS AGREEMENT, AND YOUR EXCLUSIVE REMEDY FOR ALL OF THE FOREGOING, WILL BE LIMITED TO ONE HUNDRED DOLLARS.

7.3 Risk of Use. ALL RISK ASSOCIATED WITH USING THE SITE AND PRODUCTS SOLD ON THE SITE REMAINS SOLELY WITH YOU.

9.1 Assignment. You may not assign or delegate any of its rights or obligations under this Agreement without the prior written consent of TherFit.

9.2 Waiver. No provision of this Agreement will be deemed waived and no breach excused, unless the waiver or consent is in writing and signed by the party claimed to have waived or consented. Any consent by any party to, or waiver of, a breach of the other party, whether express or implied, will not be a consent to, waiver of, or excuse for any different or subsequent breach.

9.3 Electronic Contracting. This Agreement may be executed electronically through the Site. A record, signature, or manifestation of assent will not be denied legal effect solely because it is in electronic form. This Agreement will not be denied legal effect or enforceability solely because an electronic record was used in its formation.

9.4 Severability. If any provision of this Agreement will be prohibited or unenforceable by any applicable law, the provision will be ineffective only to the extent and for the duration of the prohibition or unenforceability, without invalidating any of the remaining provisions.

9.5 Governing Law. This Agreement will be governed by and interpreted according to the laws of the State of Michigan, without reference to law pertaining to choice of laws or conflict of laws.

9.6 Statute of Limitations. No party may commence an action under this Agreement more than two (2) years after the expiration of its term, or, in the event of a breach, more than two (2) years after the occurrence of the breach, or, in the event the breach is not discovered by the injured party when it has occurred, more than two (2) years after the breach could, in the exercise of due diligence, have been discovered by such party.

9.7 Entire Agreement. This Agreement constitutes the entire agreement between TherFit and you with respect to the subject matter of this Agreement and supersedes all earlier agreements and understandings, oral and written, between the parties. No statement, representation, warranty, covenant or agreement of any kind not expressly set forth in this Agreement will affect, or be used to interpret, change or restrict, the express terms and provisions of this Agreement. The terms and conditions of any purchase order or other instrument issued by you that are in addition to or inconsistent with this Agreement will be of no effect and will not be binding on TherFit.