Date of Last Revision: December 10, 2018
3 FIT THEORY Terms of Service
Your use of the 3 FIT THEORY Service (the “Service”) is subject to the following Terms of Service, including 3 FIT THEORY’s
If you do not agree to these Terms of Service, you may not use the Service. These Terms of Service apply to all of our products, websites, and services offered by 3 FIT THEORY
Your Use of the Service
Information You Provide.
You shall provide and maintain accurate, current and complete information pursuant to your use of the Service.
Member Account, Password and Security.
You are responsible for the confidentiality of your password and management of your account and are fully responsible for all activities that occur under your password or account, whether known, unknown, authorized, or unauthorized. You will immediately notify 3 FIT THEORY of any unauthorized use of your account.
Third Party Services.
If you are under 18 years old, you may use the Service.
In connection with your use of the Service, you will comply with all applicable laws, regulations and industry standards.
General Practices and Instructions Regarding Use.
You will comply with any instructions, use requirements, or the like, provided by 3 FIT THEORY to you in your use of the Services. 3 FIT THEORY may change its instructions, practices, requirements, or the like in its sole discretion, with or without notice.
If you purchase any apparel through the Service, you will be required to provide information regarding your credit card or other payment instrument, and such information will be handled by our third party payment processor
3 FIT THEORY is not responsible for, and has no control over, the information you provide to such third party payment processor.
Loss and Cancellation.
Title and risk of loss for all apparel ordered by you will pass to you on our delivery to the shipping carrier. We reserve the right to cancel any order for any apparel for any reason.
Proprietary Rights and Termination
Service Content, Software and Trademarks.
You are only authorized to use the Service for the purpose of engaging in business transactions with 3 FIT THEORY. You may not use any automated technology to scrape, mine or gather any information from the Service or otherwise access the pages of the Service for any unauthorized purpose. If you are blocked by 3 FIT THEORY from accessing the Service (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). The technology and software underlying the Service or distributed in connection therewith are the property of 3 FIT THEORY, our affiliates and our partners (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Service.
The Service may contain images, artwork, fonts and other content or features (“Service Content”) that are protected by intellectual property rights and laws. Except as expressly authorized by 3 FIT THEORY, you agree not to modify, copy, frame, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Service Content, in whole or in part. Any use of the Service or the Service Content other than as specifically authorized herein is strictly prohibited. Any rights not expressly granted herein are reserved by 3 FIT THEORY.
The 3 FIT THEORY name and logos are trademarks and service marks of 3 FIT THEORY (collectively the “3 FIT THEORY Trademarks”). Other company, product and service names and logos used and displayed on the Service may be trademarks or service marks of their respective owners. Nothing in these Terms of Service or the Service grants any license or right to use any of 3 FIT THEORY Trademarks without our prior written permission in each instance.
Disclaimer of Warranties.
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. 3 FIT THEORY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH RESPECT TO ANY SERVICE, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
Limitation of Liability.
3 FIT THEORY WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF 3 FIT THEORY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY APPAREL, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (IV) ANY OTHER MATTER RELATING TO THE SERVICE.
3 FIT THEORY may suspend or terminate your account or use of the Service and remove any content within the Service, for any reason. Further, you agree that 3 FIT THEORY will not be liable to you or any third party for any termination of your access to the Service.
These Terms of Service will be governed by the laws of the State of California without regard to its conflict of law provisions. You and 3 FIT THEORY agree to submit to the personal and exclusive jurisdiction of the courts located within Santa Clara County, California. The parties expressly exclude the application of the UN Convention on Contracts for the International Sale of Goods. These Terms of Service constitute the entire agreement between you and 3 FIT THEORY. The failure of 3 FIT THEORY to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties agree that the court should give effect to the parties’ intentions as reflected in the provision, and that the other provisions of these Terms of Service remain in full force and effect. A printed version of this agreement and of any notice given in electronic form will be admissible in legal proceedings. You may not assign these Terms of Service without the prior written consent of 3 FIT THEORY, but 3 FIT THEORY may assign or transfer these Terms of Service, in whole or in part, without restriction. Notices to you may be made via either email or regular mail. 3 FIT THEORY may change these Terms of Service without notice.
Notice for Users in California.
California users are also entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.