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TERMS & CONDITIONS

Terms and Conditions

Last updated: September 24, 2021

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of these Terms and Conditions:

  • Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.

  • Account means a unique account created for You to access our Service or parts of our Service.

  • Country refers to: New Mexico, United States

  • Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to FitnessExperts LLC, 1900 Appaloosa Drive, Suite A5, Sunland Park, NM 88063.

    • FitnessExperts or FitnessExperts LLC refers to FitnessExperts LLC, 1900 Appaloosa Drive, Suite A5, Sunland Park, NM 88063.

    • Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.

    • Feedback means feedback, innovations or suggestions sent by You regarding the attributes, performance or features of our Service.

    • Goods refer to the items offered for sale on the Service.

    • Orders mean a request by You to purchase Goods from Us. A request by You to purchase Goods from FitnessExperts LLC is an Order. We reserve the right to not accept Your request, for any reason. A request that is accepted will constitute an Order with items referred to as Goods.

    • Promotions refer to contests, sweepstakes or other promotions offered through the Service.

    • Service refers to the Website.

    • Terms and Conditions (also referred as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.

    • Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.

    • Website refers to FitnessExperts LLC Website, accessible from www.fitnessexperts.us

    • You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

    • Referral refers to the individual that is referred by You to Us.

    Acknowledgment

    These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.

    Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.

    By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.

    You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.

    Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. The Privacy Policy may also describe Disclaimers and Cookies. Please refer to Our Privacy Policy that is found at the bottom of the Website.

    Any conversation between You and the Company via email, phone, in person, Website chat, and/or any other means, may be monitored or recorded for quality, training, and dispute purposes. Any Order, sales receipt, invoice, quote, etc. from FitnessExperts LLC is governed under these terms and conditions.

    If any legal proceeding is necessary to enforce or interpret these Agreements or to recover damages for breach of these Agreements, the prevailing party shall be entitled to reasonable attorney fees as well as reasonable costs and disbursements, in addition to any other relief to which the prevailing party may be entitled.

    This agreement shall be governed by and constructed in accordance with the laws of New Mexico (without regard to principles of conflict of laws). The parties agree that any dispute regarding the interpretation or validity of, or otherwise arising out of this agreement, shall be subject to the exclusive jurisdiction of the New Mexico State Courts or, in the event of federal jurisdiction, the United States District of New Mexico and each party hereby agree to submit to the personal and exclusive jurisdiction and venue of such courts and not to seek the transfer of any case or proceeding out of such courts.

    Placing Orders for Goods

    By placing an Order for Goods through the Service, You warrant that You are legally capable of entering into binding contracts.

    By placing an Order, You acknowledge that You will use the Goods properly and for their intended use. We are not liable for Goods not fitting Your space (door width, ceiling height, etc.).  

    By placing an Order, You acknowledge that Your Order may be split into multiple shipments. You also acknowledge that business days refer to Monday - Friday (excluding weekends and holidays) and that promotional Goods are subject to promotional availability on a first-come, first-served basis. 

    Orders Outside the Contiguous United States

    Any Order where the shipping address is not within the contiguous United States (lower 48) must adhere to the following:

    • Order must be placed over the phone and paid by a wire transfer
    • You are responsible for GST/VAT taxes and customs/brokerage fees
    • Delivery is to Your nearest port

    Your Information

    If You wish to place an Order for Goods available on the Service, You may be asked to supply certain information relevant to Your Order including, without limitation, Your name, Your email, Your phone number, Your credit card number, the expiration date of Your credit card, Your billing address, and Your shipping information. An online cart Order refers to an Order that is placed through Our Service (not through email, invoice, Website chat, over the phone, in person, or any other means).

    You represent and warrant that: (i) You have the legal right to use any credit or debit card(s) or other payment method(s) in connection with any Order; and that (ii) the information You supply to us is true, correct and complete.

    By submitting such information, You grant us the right to provide the information to payment processing third parties for purposes of facilitating the completion of Your Order.

    User Accounts

    When You create an account with Us, You must provide Us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your account on Our Service.

    You are responsible for safeguarding the password that You use to access the Service and for any activities or actions under Your password, whether Your password is with Our Service or a Third-Party Social Media Service.

    You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your account.

    You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.

    Intellectual Property

    The Service and its original content (excluding Content provided by You or other users), features and functionality are and will remain the exclusive property of the Company and its licensors.

    The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries.

    Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.

    Your Feedback to Us

    You assign all rights, title and interest in any Feedback You provide the Company. If for any reason such assignment is ineffective, You agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.

    Links to Other Websites

    Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company. 

    The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company 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 web sites or services.

    Termination

    We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.

    Upon termination, Your right to use the Service will cease immediately. If You wish to terminate Your Account, You may simply discontinue using the Service.

    Limitation of Liability

    Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven't purchased anything through the Service.

    To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

    Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.

    "AS IS" and "AS AVAILABLE" Disclaimer

    The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

    Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

    Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

    Sales Receipt Accuracy

    Please review Your sales receipt to ensure all information is correct. Email Us at service@fitnessexperts.us to have any mistakes revised. After 24 hours of placing Order, any changes may result in additional fees.

    Order Cancellation

    We reserve the right to refuse or cancel Your full/partial Order at any time for certain reasons including but not limited to:

    • Goods availability
    • Errors in the description or prices for Goods
    • Errors in Your Order
    We reserve the right to refuse or cancel Your Order if fraud or an unauthorized or illegal transaction is suspected.

    All cancellation/return requests must be emailed to service@fitnessexperts.us with a clear statement (this email will serve as a timestamp). We will only accept these requests by email as We need a clear statement at a firm time.

    Your Order Cancellation Rights

    Any Goods You purchase can only be returned in accordance with these Terms and Conditions.

    Cancellation Policy

    We can cancel Your Order if You make a cancellation request before the Order has shipped. All cancellation requests must be emailed to service@fitnessexperts.us with a clear statement (this email will serve as a timestamp). Once the Order has been placed, You have up to 24 hours to cancel Order for a full refund. After 24 hours of placing Order and if the Order has not shipped, a 20% cancellation fee will be charged to cover processing fees, labor fees, admin fees, and any other fees associated with the Order. Orders canceled after Goods have shipped will follow Our 30 Day Return Policy. Goods made to Your specifications or clearly personalized are not eligible for cancellation if more than 24 hours have passed from placing Order.

    If the canceled Goods adhere to the above, We will reimburse You no later than 14 days. We will use the same means of payment as You used for the Order.

    30 Day Return Policy

    You can return Your Order/Goods for any reason if You make a return request within 30 days of receiving Your Order/Goods. All return requests must be emailed to service@fitnessexperts.us with a clear statement (this email will serve as a timestamp). No return will be considered if a return request has not been emailed within the 30 day period of receiving Order/Goods.

    Note: If Order has shipped and is in transit to You, any cancellation at this point will be considered a return. This special case for a return will follow Our 30 Day Return Policy and its associating fees.

    Promotional Goods that correspond to a partial or full canceled/returned Order must be returned to Us within 14 days of such notice. If the preceding does not occur, the promotional Goods dollar amount for a "new" one that is found on www.fitnessexperts.us will be deducted from refund amount. Return shipment fees for promotional Goods are Your responsibility and promotional Goods must be returned to Us in "Like New" condition with all associated accessories, parts, instructions, documents, wrappings, etc. Corresponding Order promotional Goods may be shipped/delivered on a different date than Your nonpromotional Goods that You Ordered.

    In addition, the following must also occur to be eligible for a return:

    • Goods must arrive to Us in "Like New" condition. "Like New" refers to the Goods showing no visual signs of wear
    • Goods must be in their original packaging
    • Goods accessories, parts, instructions, documents, and wrapping must all be returned
    • Shipping fees to and from Goods location are Your responsibility. Return shipment fees are prepaid by You and shipment must be fully insured
    • Goods returned are subject to a 25% restocking fee
    • You must email service@fitnessexperts.us to obtain a Return Merchandise Authorization (RMA) number. Your return shipment must be postmarked no later than 14 days after We have provided Your RMA number
    All returned Goods must be sent to the following address:

    FitnessExperts LLC
    Attn: Returns
    RMA #
    1900 Appaloosa Drive
    Suite A5
    Sunland Park, NM 88063

    We cannot be held responsible for Goods damaged or lost in return shipment. Therefore, We recommend an insured and trackable mail service. We are unable to issue a refund without actual receipt of the Goods or proof of received return delivery.

    We reserve the right to inspect all return Goods and may reduce the credit or reject the return if the Goods returned are damaged, not in "Like New" condition, or incomplete.

    If the returned Goods adhere to the above, We will reimburse You no later than 14 days from the day on which We receive the Goods. We will use the same means of payment as You used for the Order.

    The following are not eligible for a return:

    • Goods made to Your specifications or clearly personalized. Goods purchased from Us but You are not the original purchaser

    • Goods labeled "As Is". Goods labeled "Certified Premium Preowned"
    • Goods that are not returned in "Like New" condition. Goods from these brands: Wahoo, Ultimate RB, Vacuactivus, Ecore, AquaJogger, YBell, and InBody
    • Goods missing the following: original packaging, accessories, parts, instructions, documents, and wrappings
    • Goods missing a Return Merchandise Authorization (RMA) number

    Availability, Errors and Inaccuracies

    We are constantly updating Our offerings of Goods on the Service. The Goods available on Our Service may be mispriced, described inaccurately, or unavailable, and We may experience delays in updating information regarding our Goods on the Service and in Our advertising on other websites.

    We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

    Low Price Guarantee

    FitnessExperts LLC offers a low price guarantee that lasts 45 days from placing Order. A price match will only be granted if the following occurs:

    • Competitor must be an authorized retail dealer that can be verified by the manufacturer. Competitor must not be a warehouse club, auctioneer, or a marketplace facilitator
    • Competitor must have a brick-and-mortar store as We will not price match a competitor that only has an online presence
    • Price match is for the identical Goods, services, and warranties -- all three must be identical to Us. Competitor must follow MAP pricing as being below MAP is a breach with the manufacturer
    • Price match is only for new Goods and the competitor must have the Goods in stock. Goods labeled as "New Demo", Premium Certified Preowned", or "As Is" are not eligible for a price match
    • Only one price match request is allowed per Order
    We will not price match a prior Order to any promotion or listing price We may have. We will not price match any Goods that a competitor has on Amazon, eBay, OfferUp, Overstock, or Craigslist. Accessories and discontinued Goods are not eligible for a price match. Orders paid via Affirm, Commercial Orders, and bulk Orders are not eligible for a price match.

    A price match that is granted will receive the difference to the same means of payment as You used for the Order.

    Break-in Period

    Goods labeled as new, premium certified preowned, or new demo, may require up to a 4 month break-in period. New Goods may feel slightly different than Goods that have been used.

    Prices Policy

    The Company reserves the right to revise its prices at any time prior to accepting an Order. Quoted/invoiced prices are not valid for Orders being paid via Affirm.

    The prices quoted may be revised by the Company subsequent to accepting an Order.

    To receive commercial/bulk pricing, a commercial/bulk account must be approved by Us.

    Shipping / Delivery

    A shipping lead time is an approximated timeframe for when Your Order will ship. Due to factors beyond Our control, such as backlogs, operating restrictions, supply chain issues, etc., Your shipment may be delayed. In the rare case of a significant delay, We will contact You via phone or email. Unless otherwise stated on Your sales receipt, through email or Website chat, in person, or over the phone, shipping may take up to 30 business days.

    Once Your Order ships, We will email You a shipping confirmation that will include Your tracking number. Please allow up to 48 hours for Your tracking number to become active.

    Once Your Order ships, delivery may take up to 12 business days. Due to factors beyond Our control, such as weather conditions, misspelled or incomplete address, difficult access to delivery address, etc., Your delivery may be delayed.

    When possible, FitnessExperts LLC will pay a fee to the shipping carrier for a pre-call. The carrier will use this call to schedule Your delivery on the day/time that is the most convenient for You (Monday - Friday). This call will typically be 2-3 business days before Your Order can be delivered.

    Most deliveries require a signature and for You to be at the shipping address at time of delivery. Any fees associated with missed delivery appointments, shipping location not being able to accommodate delivery truck, redeliveries, and delivery driver waiting at shipping address, are your responsibility. You will have 48 hours to make payment of any fees that are forwarded to Us that resulted in the preceding. It is Your responsibility to be at the shipping address at time of delivery as We will not be liable for any Goods that may be delivered without You being present.

    Unless otherwise stated on Your sales receipt, delivery will be curbside where it is Your responsibility to move the Goods, assemble the Goods, install the Goods, and remove debris from the Goods. It is the driver's sole discretion if he/she decides to deliver Your Order to Your driveway, front door, garage, etc. From previous experience, they typically will but there is no guarantee. Requests by You to the delivery driver that results in fees are Your responsibility. You will have 48 hours to make payment of any fees that are forwarded to Us that resulted in the preceding. 

    Please inspect Order at delivery and prior to signing the Bill Of Lading (BOL) sheet (BOL refers to the shipping document). If Order is delivered damaged and/or doesn't match the BOL item quantity, please note this on the BOL. Immediately after notating the BOL, file a claim to the shipping carrier. Also, email Us a photograph of the BOL and of the damaged/missing Goods to service@fitnessexperts.us within 24 hours of the incident so We can assess the damage/parts needed and file a claim. FitnessExperts LLC will not be responsible for any damaged/missing Goods if the preceding is not followed.

    Occasionally We offer expedited/rush shipping on Orders for an additional fee. The specific timeframe is given at checkout. Any expedited/rush shipping that is Ordered may only be canceled within 24 hours of such payment. If the preceding does not occur, We will not grant the cancellation request as We have to coordinate this service immediately. 

    Note: Shipping timeframe starts "when Your Order is paid in full and when your payment has cleared in full" or "when a purchase order document is accepted by Us".

    Nationwide Premium White Glove Service

    Most Goods are eligible for Our premium white glove service. This service involves qualified technicians delivering Your Goods to Your room of choice, assembling Goods, installing Goods, and removing debris from Goods. Please call (800) 309-0588 ext. 1 to learn more and to receive a quote. It is Your responsibility to make sure that all Goods can be accommodated by Your space. You may only cancel Your premium white glove service or similar delivery service within 7 days of ordering service, as long as it has not been executed. If the preceding does not occur, We will not grant the cancellation request as We have to coordinate these services well in advance. 

    Any nonstandard accessory (this is an accessory that does not come standard with Your Goods and must be bought separately), may not be assembled/installed with Our premium white glove service or similar delivery service as these nonstandard accessories may be delivered separately, delayed, etc. We will not refund You in any amount for nonstandard accessories not being assembled/installed as these services are meant for Goods and for the standard accessories of such Goods. Some examples of nonstandard accessories are: adding a phone/tablet holder to Goods, adding a console to an indoor cycle that does not come with one, adding velcro straps to a recumbent bike, adding an additional cushion to a massage chair, etc.

    Adding Our premium white glove service or similar delivery service to Your Order may add an additional 9 business days to Your expected delivery date. We are not liable for any property (walls, floors, furniture, driveways, etc.) damage that may occur during such services.

    Order Status

    Please email service@fitnessexperts.us for a status update on Your Order. Response times may take up to 3 business days.

    Refused or Undeliverable Shipments

    An Order that is refused or undeliverable will be subject to a 25% restocking fee and it will be Your responsibility to pay shipping fees to and from Order location.

    Payments

    All Goods purchased are subject to a one-time payment or a split payment that pays the total in full. Payment can be made through various payment methods We have available, such as Visa, MasterCard, Discover, American Express, ACH, wire transfer, PayPal, or Affirm. We do not allow COD. We reserve the right to require any Order to be paid via an ACH or a wire transfer.

    Payment cards (credit cards or debit cards) are subject to validation checks and authorization by Your card issuer. If we do not receive the required authorization, We will not be liable for any delay or non-delivery of Your Order.

    Sales Tax / Gross Receipts Tax

    In accordance with applicable state and local laws, We are required to charge sales tax on Orders that are delivered in the state of New Mexico. In New Mexico, sales tax is collected on Goods and Shipping. You may have a tax obligation in states where FitnessExperts LLC does not collect sales tax. Details of how to report these taxes may be found at the websites of Your respective taxing jurisdictions.

    For an Order to be tax-exempt, We must collect all necessary documents in accordance with applicable state and local laws.

    Note: FitnessExperts LLC is required to collect sales tax in states where a nexus exists. At any time, We may be required in accordance with applicable state and local laws to collect sales tax in Your state.

    Referral Program

    FitnessExperts LLC offers an exclusive referral program. We will issue You a $100 check for each Referral that places an Order and meets all of the following:

    • Referral must clearly reference Your sales receipt number prior to placing Order
    • Order placed by Referral must have a sub-total of $1,800 or more
    • Referral must have all Goods from his/her Order for at least 135 days (from delivery date)

     We will only honor up to 8 Referrals that adhere to the preceding per sales receipt number that was generated by Us. All issued checks may take up to 60 days to be delivered. 

    Deposits

    All deposits are non-refundable.

    Warranty / Limited Lifetime Warranty

    All new Goods Ordered from FitnessExperts LLC will include their full corresponding manufacturer warranty. All warranties start on the date of Order placement and are not transferable.

    Please email service@fitnessexperts.us to submit a warranty claim. This submission must include Your sales receipt for reference and a picture or video of the issue that is occurring. A claim that may be covered under warranty will not be approved if sales receipt reference is not provided as We must verify that You are the original purchaser and that Your claim falls under warranty. If any of the following occurs, Your Goods will not be covered under warranty but You may still execute Your claim where all fees are Your responsibility:

    • Goods corresponding manufacturer warranty timeframe has past
    • Sales receipt reference to warranty claim is not provided. A picture or video of the issue is not provided
    • Goods purchased from Us but You are not the original purchaser. Residential grade Goods being used light commercially or commercially. Light commercial grade Goods being used commercially
    • Goods that have defects caused by negligence, improper maintenance, misuse, alterations, improper storage, installation not in accordance with manufacturer, abuse, normal wear and tear, and/or application other than intended use. Goods that are missing, lost, or stolen
    Internet, wifi, software, or bluetooth connectivity problems of Your Goods are not covered under warranty.

    All warranty claim requests must be emailed to service@fitnessexperts.us with a clear statement that details the issue (this email will serve as a timestamp). We will only accept these requests by email as We need a clear statement at a firm time.

    Warranty services/repairs must be approved by Us and scheduled by Us or the manufacturer. Warranty services/repairs that are executed without Our approval will not be honored and We will not be liable for any fees that You may have paid or need to pay.

    FitnessExperts LLC exclusively offers a limited lifetime warranty (LLW) on most "commercial grade" and "light commercial grade" Goods that are labeled as "New" or as "New Demo" and that are only used residentially (home setting, Goods used by home occupants only). 

    "Indoor Cycles" have the following LLW:

    • Lifetime warranty on drive train belt, frame, welds, and magnetic brake system
    "Steppers" have the following LLW:

    • Lifetime warranty on drive chain, frame, welds, and handrails 
    "Treadmills", "Ellipticals", and "Exercise Bikes" have the following LLW:

    • Lifetime warranty on drive belt, frame, welds, and handrails (moving and/or nonmoving)
    "Rowers" have the following LLW:

    • Lifetime warranty on magnetic brake system, frame, and welds
    "Selectorized", "Plate Loaded", "Benches & Racks", "Multi-Station", and "Functional Trainers" have the following LLW:

    • Lifetime warranty on guide rods, pulleys, frame, welds, and weight stack plates
    Note: Part coatings (paint, etc.) and free weights are not covered under Our LLW.

    Our exclusive limited lifetime warranty does not apply to any of the following:

    • Goods that are labeled as "residential grade". "Light commercial grade" Goods that are being used commercially or light commercially. "Commercial grade" Goods that are being used commercially or light commercially. Goods that are accessories. Goods that are labeled as "Premium Certified Preowned" or "As Is"
    • Goods purchased from Us but You are not the original purchaser
    • Goods that have defects caused by negligence, improper maintenance, misuse, alterations, improper storage, installation not in accordance with manufacturer, abuse, normal wear and tear, and/or application other than intended use. Goods that are missing, lost, or stolen
    • Goods from these manufacturers: Power Plate, Teeter, TRX, ROPEFLEX, Motive Fitness, Garmin, Therabody, SuperMats, ExoFit, First Degree Fitness, Ecore, Fitterfirst, Wahoo, Golden Designs, Vacuactivus, Medical Breakthrough, Hyperice, Thorne, Synca Wellness, Ultimate RB, Elina Pilates, and InBody
    Due to factors beyond Our control, such as backlogs, operating restrictions, supply chain issues, weather conditions, misspelled or incomplete address, availability of service technicians in Your area, difficult access to delivery address, etc., We will not be held liable for any delays in completing Your warranty claim.

    Our LLW will only cover the cost of the parts that are eligible for replacement (We will also cover the cost of the materials needed for repair/replacement). Unless the following fees are still covered under the manufacturer warranty, Our LLW will not cover the parts shipping fee, technician transportation fee, and technician service fee. If warranty replacement parts are shipped to You, You may be required to return the inoperable part.

    FitnessExperts LLC will repair or replace parts, at its sole discretion, and may use functionally equivalent reconditioned, refurbished, preowned, or new components and parts to replace defective ones.

    Discount / Coupon Codes

    The discount/coupon code for military, seniors, first responders, AARP members, fitness instructors, and "$100 off your first online order" is only redeemable through an online cart Order that has a sub-total of $1,800 or more. These codes will not be honored over the phone or on an Order that has already been placed. Limit one discount/coupon code per Order.

    All discount/coupon codes, special offers, Service promotions, etc. are not redeemable towards Thorne and Wahoo products.

    Governing Law

    The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.

    Disputes Resolution / Chargeback

    All references to a "chargeback" refer to a reversal of a credit/debit card charge. There is no reason for a chargeback to ever be filed. If a credit is due, simply contact FitnessExperts LLC for payment. You agree to immediately contact FitnessExperts LLC if You feel that Your credit/debit card was used fraudulently in connection with the Company. You agree not to file a chargeback for the reason "product not as described". If You would like to dispute an Order or charge, You agree to request for a cancellation or return, not a chargeback. You agree to repay FitnessExperts LLC all costs and expenses incurred as a result of any chargeback You file. You agree that You will not chargeback any amounts charged to Your credit/debit card by FitnessExperts LLC in connection with the Company and pursuant to this agreement. If You chargeback a credit/debit card charge for a payment initiated by You, You agree that FitnessExperts LLC may recover the amount of the chargeback, in addition any chargeback fees levied by a payment service provider, by any means deemed necessary, including but not limited to recharging Your credit/debit card or having the amount recovered by a collection agency.

    For European Union (EU) Users

    If You are a European Union consumer, You will benefit from any mandatory provisions of the law of the country in which you are resident in.

    United States Legal Compliance

    You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

    Severability

    If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

    Waiver

    Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.

    Translation Interpretation

    These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.

    Changes to These Terms and Conditions

    We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

    By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.

    Contact Us

    If you have any questions about these Terms and Conditions, You can contact Us:

    • By email: service@fitnessexperts.us
    • By phone number: (800) 309-0588 ext. 2