Terms of Use Welcome to FitDeck, Inc. ("FitDeck"). We provide products and services to you subject to the following terms and conditions, which are also known as our terms of use ("Terms of Use"). By accessing and browsing this website, you accept and agree to be bound by these Terms of Use. If you do not agree to these Terms of Use, you may not access this website.
Product descriptions FitDeck and its affiliates attempt to be as accurate as possible. However, FitDeck does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free.
Privacy Please review our Privacy Policy, which also governs your visit to fitdeck.com, to understand our practices.
Your account If you use this website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password
Placing Your Order When you order something from this website you agree to comply with our shopping process. All orders placed by you are subject to acceptance by FitDeck and all items are subject to availability.
Prices and Payment The prices for any goods will be as quoted on our website. Prices and availability information are subject to change. Prices do not include sales tax, where applicable. Delivery costs are not included.
Risk of Loss All purchases from this website are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
Order Acceptance Please note that there may be certain orders that we are unable to accept and must cancel. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. Some situations that may result in your order being canceled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. If such is the case, we may reject your order or our Customer Service department may call you at the phone number you provided to confirm your order. We may also require additional verifications or information before accepting any order.
Usage Restrictions and Copyright All website design, text, graphics, logos, button icons, images, audio clips, the selection and arrangement thereof, and all software is Copyright (c) 2010 FitDeck, Inc., ALL RIGHTS RESERVED. The compilation (meaning the collection, arrangement and assembly) of all content on this website is the exclusive property of FitDeck and protected by U.S. and international copyright laws. All software used on this site is the property of FitDeck or its software licensors and is protected by U.S. and international copyright laws.
Permission is granted to electronically copy and to print in hard copy portions of this website for the sole purpose of placing an order with FitDeck or using this website as a shopping resource. Any other use of materials on this website - including reproduction for purposes other than those permitted above, modification, distribution, republishing, transmission, display or performance - is strictly prohibited without the prior written permission of FitDeck. The permission granted above does not include any resale or commercial use of this website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this website or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. You are further prohibited from violating or attempting to violate the security of this website, including, without limitation, (a) accessing data not intended for you or logging onto a server or an account which you are not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; or (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to this website, overloading, "flooding," "spamming," "mailbombing" or "crashing." You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this website or any activity being conducted hereon.
You may not frame or utilize framing techniques to enclose any trademark, logo, or other intellectual property or proprietary information (including images, text, page layout, or form) of FitDeck without FitDeck’s express written consent. You may not use any metatags or any other "hidden text" utilizing FitDeck’s name or trademarks without the express written consent of FitDeck.
Without limiting any other rights or remedies of FitDeck, any unauthorized use terminates any permission or license granted by FitDeck.
Indemnity You agree to indemnify and hold FitDeck harmless from any claim, demand or expense, including reasonable attorneys' fees, due to or arising out of your breach of these Terms or your violation of any law or the rights of a third party.
Site Policies, Modification, and Severability These Terms of Use, along with our Privacy Policy and any other posted policies also govern your visit to this website. We reserve the right to make changes to our website, policies, and these Terms at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
Disclaimers THIS WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, FITDECK DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
WITHOUT LIMITING THE FOREGOING, NO FITDECK PARTY MAKES ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED: (I) AS TO THE OPERATION OF THIS WEBSITE, OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED THEREON; (II) THAT THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE; (III) AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION, CONTENT, SERVICE, OR MERCHANDISE PROVIDED THROUGH THIS WEBSITE; OR (IV) THAT THIS WEBSITE, ITS SERVERS, OR E-MAILS SENT FROM OR ON BEHALF OF FITDECK ARE FREE OF VIRUSES, SCRIPTS, TROJAN HORSES, WORMS OR OTHER HARMFUL COMPONENTS.
FITDECK DOES NOT GUARANTEE THE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THIS WEBSITE OR ANY RELATED SERVICES.
FITDECK AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS (COLLECTIVELY, THE "FITDECK PARTIES") WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, COSTS OF COVER, LOST SAVINGS, LOST INCOME OR PROFIT, LOSS OF USE, LOSS OF OR DAMAGE TO PROPERTY OR CLAIMS OF THIRD PARTIES. IN NO EVENT WILL THE FITDECK PARTIES' TOTAL LIABILITY TO YOU FOR ANY CAUSE OF ACTION WHATSOEVER, EXCEED THE TOTAL VALUE OF ANY REFUND (IF ANY) TO WHICH YOU MAY BE ARE ENTITLED TO UNDER FITDECK’S RETURN POLICY.
ALL MATERIAL AND INFORMATION PRESENTED BY FITDECK IS INTENDED TO BE USED FOR EDUCATIONAL OR INFORMATIONAL PURPOSES ONLY.
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, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Applicable Law This website is created and controlled by FitDeck, Inc. As such, the laws of the State of California will govern these Terms of Use, without giving effect to any principles of conflicts of laws.
Our Address
FitDeck, Inc.
PO Box 22774
San Diego, CA 92192
Product Information Unless otherwise specified by FitDeck, the products displayed on this website can be ordered and delivered within the U.S. and abroad. Products displayed on this website may be available in select retail stores in the U.S. and certain foreign markets. All prices displayed on this website are quoted in U.S. Dollars and are valid and effective only in the U.S. All of the products purchased from this website should be used in accordance with the manufacturer's instructions, precautions and guidelines. Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by FitDeck.
Comments, Feedback and Other Submissions FitDeck welcomes your comments and feedback regarding this website, and FitDeck’s products and services. Any information, materials, suggestions, ideas or comments sent to FitDeck will not be treated as confidential, proprietary or trade secret information and, by submitting such information, you are granting FitDeck an irrevocable and unrestricted license to use, modify, reproduce, transmit, display and distribute such information for any purpose whatsoever.