TERMS & CONDITIONS

 

PURCHASE AGREEMENT

Upon completion of your online or in person purchase, packages are non-refundable and non-transferable – certain medical conditions will be considered but is solely up to the discretion of the trainer. If the trainer is unable to provide adequate services or unable to attend training sessions, a full refund will be offered to the client.

When purchasing a training package of any sort, these terms and conditions apply to ALL clients.

CANCELLATIONS & RESCHEDULING

If the client needs to reschedule an appointment, a 24 hour advanced notice must be given and confirmed by the trainer. When a package is purchased the client is allowed 1 exemption for cancelling an appointment without 24 hour notice and without being charged, any further cancellations will be deducted as a lost session. No further rescheduling will be allowed once your appointments are scheduled without being charged.

We understand that issues come up and training isn’t always a priority to everyone. It’s critical to keep your appointments you and your trainer agreed upon in order to reach your goals, so to get those amazing results it’s imperative to keep your scheduled appointments. This also helps operate our business smoothly and so our clients can continue to improve their health while reaching their goals. We thank you in advance for your cooperation and understanding – we appreciate your continued business.

CONDITIONS OF USE

Welcome to our online store! SAN DIEGO FIT and its associates provide their services to you subject to the following conditions. If you visit or shop within this website, you accept these conditions. Please read them carefully. ​

PRIVACY

Please review our Privacy Notice, which also governs your visit to our website, to understand our practices.

ELECTRONIC COMMUNICATIONS

When you visit SAN DIEGO FIT or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

COPYRIGHT

All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of SAN DIEGO FIT or its content suppliers and protected by international copyright laws. The compilation of all content on this site is the exclusive property of SAN DIEGO FIT, with copyright authorship for this collection by SAN DIEGO FIT, and protected by international copyright laws.

TRADEMARKS

SAN DIEGO FIT’s trademarks and trade dress may not be used in connection with any product or service that is not SAN DIEGO FIT’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits SAN DIEGO FIT. All other trademarks not owned by SAN DIEGO FIT or its subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by SAN DIEGO FIT or its subsidiaries.

LICENSE AND SITE ACCESS

SAN DIEGO FIT grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of SAN DIEGO FIT. This license does not include any resale or commercial use of this site or its contents: any collection and use of any product listings, descriptions, or prices: any derivative use of this site 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. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of SAN DIEGO FIT. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of SAN DIEGO FIT and our associates without express written consent. You may not use any meta tags or any other “hidden text” utilizing SAN DIEGO FIT  ‘name or trademarks without the express written consent of SAN DIEGO FIT. Any unauthorized use terminates the permission or license granted by SAN DIEGO FIT. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of SAN DIEGO FIT so long as the link does not portray SAN DIEGO FIT, its associates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any SAN DIEGO FIT logo or other proprietary graphic or trademark as part of the link without express written permission.

YOUR MEMBERSHIP ACCOUNT

If you use this site, 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. If you are under 18, you may use our website only with involvement of a parent or guardian. SAN DIEGO FIT and its associates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

REVIEWS, COMMENTS, EMAILS, AND OTHER CONTENT

Visitors may post reviews, comments, and other content: and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. SAN DIEGO FIT reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content. If you do post content or submit material, and unless we indicate otherwise, you grant SAN DIEGO FIT and its associates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant SAN DIEGO FIT and its associates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post: that the content is accurate: that use of the content you supply does not violate this policy and will not cause injury to any person or entity: and that you will indemnify SAN DIEGO FIT or its associates for all claims resulting from content you supply. SAN DIEGO FIT has the right but not the obligation to monitor and edit or remove any activity or content. SAN DIEGO FIT takes no responsibility and assumes no liability for any content posted by you or any third party.

 

 

RISK OF LOSS

All items purchased from SAN DIEGO FIT are made pursuant to a shipment contract. This basically means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

PRODUCT DESCRIPTIONS

SAN DIEGO FIT and its associates attempt to be as accurate as possible. However, SAN DIEGO FIT does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by SAN DIEGO FIT itself is not as described, your sole remedy is to return it in unused condition.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY THIS SITE IS PROVIDED BY SAN DIEGO FIT ON AN “AS IS” AND “AS AVAILABLE” BASIS. SAN DIEGO FIT MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, SAN DIEGO FIT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SAN DIEGO FIT DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM SAN DIEGO FIT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SAN DIEGO FIT WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. 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

By visiting SAN DIEGO FIT, you agree that the laws of the state of CALIFORNIA, SAN DIEGO COUNTY, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and SAN DIEGO FIT or its associates.

DISPUTES

Any dispute relating in any way to your visit to SAN DIEGO FIT or to products you purchase through SAN DIEGO FIT shall be submitted to confidential arbitration in CALIFORNIA, SAN DIEGO COUNTY, except that, to the extent you have in any manner violated or threatened to violate SAN DIEGO FIT’s intellectual property rights, SAN DIEGO FIT may seek injunctive or other appropriate relief in any state or federal court in the state of CALIFORNIA, SAN DIEGO COUNTY, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrators award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

SITE POLICIES, MODIFICATION, AND SEVERABILITY

Please review our other policies, such as our Shipping and Returns policy, posted on this site. These policies also govern your visit to SAN DIEGO FIT. We reserve the right to make changes to our site, policies, and these Conditions of Use 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 enforceable of any remaining condition.

Order Cancellations

Orders that you submit online are processed immediately and may not be cancelled, and you may need to wait until you receive the merchandise in order to return it.

Returns

Once an item of merchandise is delivered to you, you can return that item within 30 days of delivery. To be eligible for a return, your merchandise must be unused and in the same condition that you received it and must be in the original packaging.  Our return policy does not apply to the following goods: discounted or sale items, gift cards, personalized items, perishable goods such as food, flowers, newspapers or magazines, intimate apparel, sanitary goods, hazardous materials, or flammable liquids or gases.

These items are not eligible for return, refund or exchange.

Shipping

To initiate a return, please email us at [email protected].  We require a receipt or proof of purchase to accompany your return.

All returned merchandise should be sent to us at 4030 Sports Arena Blvd, San Diego, CA, 92121.

For items that are manufactured by another party and resold by Us, please do not send such item back to the manufacturer.

You are responsible for paying for all shipping costs for your returned item. Shipping costs are non-refundable. If you receive a refund, the cost of any return shipping will be deducted from your refund. You should consider using a trackable shipping service or purchasing shipping insurance for items of value.

Refunds and Exchanges

After We have received your valid return, We will send you an email to notify you that We have received your returned item and notify you of the acceptance or rejection of your return.

If your return is accepted by Us, We will provide one of the following within a reasonable time: an exchange of merchandise for the item returned, a non-transferable merchandise credit, a credit to the payment card or original method of payment used to pay for the item, a check, or another remedy that we determine in good faith is appropriate in the circumstances.