Terms & Conditions
Terms and Conditions
Welcome to FitLipz!
These terms and conditions outline the rules and regulations for the use of FitLipz‘s Website.
FitLipz is located at: New Jersey
By accessing this website we assume you accept these terms and conditions. Do not continue to use FitLipz‘s website if you do not agree to take all of the terms and conditions stated on this page.
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and all Agreements: “Client”, “You” and “Your” refers to you, the person log on this website and compliant to the Company’s terms and conditions. “The Company”, “Ourselves”, “We”, “Our” and “Us”, refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services, in accordance with and subject to, prevailing law of Netherlands. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
1. Cookies
We employ the use of cookies. By accessing FitLipz’s website, you agreed to use cookies in agreement with the FitLipz’s privacy policy.
Most interactive websites use cookies to let us retrieve the user’s details for each visit. Cookies are used by our website to enable the functionality of certain areas to make it easier for people visiting our website. Some of our affiliate/advertising partners may also use cookies.
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2. License
Unless otherwise stated, FitLipz and/or its licensors own the intellectual property rights for all material on FitLipz All intellectual property rights are reserved. You may access this from fitlipz.com for your own personal use subjected to restrictions set in these terms and conditions.
You must not:
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Republish material from fitlipz.com
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Sell, rent or sub-license material from fitlipz.com
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Reproduce, duplicate or copy material from fitlipz.com
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Redistribute content from FitLipz.
This Agreement shall begin on the date hereof.
Parts of this website offer an opportunity for users to post and exchange opinions and information in certain areas of the website. FitLipz does not filter, edit, publish or review Comments prior to their presence on the website. Comments do not reflect the views and opinions of FitLipz, its agents and/or affiliates. Comments reflect the views and opinions of the person who post their views and opinions. To the extent permitted by applicable laws FitLipz shall not be liable for the Comments or for any liability, damages or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.
FitLipz reserves the right to monitor all Comments and to remove any Comments which can be considered inappropriate, offensive or causes breach of these Terms and Conditions.
You warrant and represent that:
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You are entitled to post the Comments on our website and have all necessary licenses and consents to do so;
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The Comments do not invade any intellectual property right, including without limitation copyright, patent or trademark of any third party;
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The Comments do not contain any defamatory, libelous, offensive, indecent or otherwise unlawful material which is an invasion of privacy
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The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.
You hereby grant FitLipz a non-exclusive license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats or media.
3. Use of Site and Ordering
These Terms and Conditions govern the supply by us of any Product ordered by you on the Site. By agreeing to order a Product, you agree to be legally bound by these Terms and Conditions.
In these Terms and Conditions:
“Account” means the account that you will need to register for on the Site if you would like to submit an Order on the Site;
“Confirmation of Order” means our email to you;
“Customer” means individual who places an Order on the Site;
“Order” means the order submitted by you to the Site to purchase a Product from us;
“Product” means the goods or services provided on the Site;
“you” means the Customer who places an Order;
“Site” means "Fitlipz.com" www.Fitlipz.com
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In order to place an order with us you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us. You may not use our Product for any illegal or unauthorized purpose nor may you, in the use of the Product, violate any laws in your jurisdiction (including but not limited to copyright laws). If you are under 18 years old or the age of majority in your jurisdiction, then you may not make a purchase on our Site. If you are under 13 years old, you may browse our Site. However, you may not provide personal information to us, make a purchase on the Site nor register on the Site. This Site is not directed to children under 13 years old. By accessing or using the Site, you are acknowledging that you have read, understand, and agree, without limitation or qualification, to be bound by these Terms and Conditions. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS, YOU MAY NOT USE OUR SITE.
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These Terms and Conditions apply to all Orders made or to be made by us for the sale and supply of Products. When you submit an Order to us, give any delivery instruction or accept delivery of the Products, this shall in any event constitute your unqualified acceptance of these Terms and Conditions.
Nothing in these Terms and Conditions affects your statutory rights under any laws. To the fullest extent permitted by applicable law, we may cancel an Order if the Product is unavailable for any reason and we will notify you if this is the case and return any payment that you have made. We will usually refund any money received from you using the same process originally used by you to pay for the Product.
Payment
You must pay for the Product in full at the time of ordering by supplying us with your credit or debit card details from a credit or debit card company acceptable to us. You may also pay by any other method that we have represented that is acceptable to us, but in any event we shall not be bound to supply the Product before we have received cleared funds in full.
Delivery
Due to inventory limitations, any product either damaged, lost, stolen, or otherwise, are not guaranteed to be replaced as purchased. FitLipz will make every effort to replace any item that is not delivered in the condition it is advertised in, however if the item purchased is no longer available, you will be offered either an item of equal or lesser value as a replacement.
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4. Products and Services for Personal Use
The products and services available on the Site are for personal use only. You may not sell or resell any of the products or samples thereof, you purchase or otherwise receive from us. We reserve the right, with or without notice, to cancel or reduce the quantity of any order to be filled or products or services to be provided to you that we believe, in our sole discretion, may result in the violation of our Terms and Conditions.
The statements made about products have not been evaluated by the U.S. Food and Drug Administration and the results reported, if any, may not necessarily occur in all individuals. The statements and products are not intended to diagnose, treat, cure or prevent any condition or disease. All products should be used strictly in accordance with their instructions, precautions and guidelines. You should always check the ingredients for products to avoid potential allergic reactions. Please consult with your own physician or health care practitioner regarding the use of any products or information received from the Sites before using or relying on them. They should address any and all medical questions, concerns and decisions regarding the possible treatment of any medical condition. FitLipz does not represent itself as a physician nor is this implied. FitLipz does not give or intend to give any answers to medical related questions and these Sites do not replace any medical professional or medical resource.
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5. Your Account and Email
In agreement to the age restrictions outlined above, you may view and use many features of the Site without registering, including making purchases, but if you choose you can make an account with us or provide an email to us. You are responsible for maintaining the confidentiality of your account, username and password and for restricting access to your computer. If there has been an unauthorized use of your password or account, please notify us right away. You are responsible for providing and maintaining current, complete, accurate and correct information on your account. You agree to accept responsibility for all activities that occur with your permission or authorization under your account, username and/or password, or because you fail to maintain sufficient security over your account, username and/or password. You agree to be bound to these Terms and Conditions and to accept liability for harm caused by any wrongful use of the Site or Content resulting from such access or use. You may cancel your online account with us at any time. We reserve the right to refuse service and/or terminate accounts without prior notice if these Terms and Conditions are violated or if we decide, in our sole discretion, that it would be in our best interest to do so.
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6. Hyperlinking to our Content
The following organizations may link to our Website without prior written approval:
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Government agencies;
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Search engines;
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News organizations;
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Online directory distributors may link to our Website in the same manner as they hyperlink to the Websites of other listed businesses; and
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System wide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Web site.
These organizations may link to our home page, to publications or to other Website information so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products and/or services; and (c) fits within the context of the linking party’s site.
We may consider and approve other link requests from the following types of organizations:
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commonly-known consumer and/or business information sources;
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dot.com community sites;
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associations or other groups representing charities;
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online directory distributors;
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internet portals;
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accounting, law and consulting firms; and
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educational institutions and trade associations.
We will approve link requests from these organizations if we decide that: (a) the link would not make us look unfavorably to ourselves or to our accredited businesses; (b) the organization does not have any negative records with us; (c) the benefit to us from the visibility of the hyperlink compensates the absence of FitLipz; and (d) the link is in the context of general resource information.
These organizations may link to our home page so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party’s site.
If you are one of the organizations listed in paragraph 2 above and are interested in linking to our website, you must inform us by sending an e-mail to amy@fitlipz.com. Please include your name, your organization name, contact information as well as the URL of your site, a list of any URLs from which you intend to link to our Website, and a list of the URLs on our site to which you would like to link. Wait 2-3 weeks for a response.
Approved organizations may hyperlink to our Website as follows:
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By use of our corporate name; or
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By use of the uniform resource locator being linked to; or
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By use of any other description of our Website being linked to that makes sense within the context and format of content on the linking party’s site.
No use of FitLipz’s logo or other artwork will be allowed for linking absent a trademark license agreement.
7. I-Frames
Without prior approval and written permission, you may not create frames around our Webpages that alter in any way the visual presentation or appearance of our Website.
8. Content Liability/third party
We shall not be hold responsible for any content that appears on your Website. You agree to protect and defend us against all claims that is rising on your Website. No link(s) should appear on any Website that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights. Your use and access of these third party websites is at your own risk and we are in no way responsible. You should carefully review the privacy policies and terms and conditions of the third party websites you visit.
9. Reservation of Rights
We reserve the right to request that you remove all links or any particular link to our Website. You approve to immediately remove all links to our Website upon request. We also reserve the right to amen these terms and conditions and it’s linking policy at any time. By continuously linking to our Website, you agree to be bound to and follow these linking terms and conditions. The Content nor any portion of the Site may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in whole or in part, for any purpose without our express, prior written consent.
All information and content available on the Site and its look and feel, including but not limited to trademarks, logos, service marks, features, functions, text, graphics, logos, button icons, images, audio clips, data compilations and software, and the compilation and organization thereof (collectively, the "Content") is our property or the property of our parents, subsidiaries, our affiliates, partners or licensors, and is protected by United States and international laws, including laws governing copyrights and trademarks.
10. Information of Products Accuracy
We try to be as accurate as possible when describing our products on the Site; however we do not warrant that the product descriptions, colors, or other content available on the Site are accurate, complete, reliable, current, or error-free.
This Site may contain typographical errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions (including after an order has been submitted) and to change or update information at any time without prior notice. Please note that such errors, inaccuracies or omissions may relate to pricing and availability, and we reserve the right to refuse or cancel any order placed based on incorrect pricing or availability information. We truly apologize for any inconvenience.
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11. Removal of links from our website
If you find any link on our Website that is offensive for any reason, you are free to contact and inform us any moment. We will consider requests to remove links but we are not obligated to or so or to respond to you directly.
We do not ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we promise to ensure that the website remains available or that the material on the website is kept up to date.
12. Disclaimer
To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website. Nothing in this disclaimer will:
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limit or exclude our or your liability for death or personal injury;
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limit or exclude our or your liability for fraud or fraudulent misrepresentation;
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limit any of our or your liabilities in any way that is not permitted under applicable law; or
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exclude any of our or your liabilities that may not be excluded under applicable law.
The limitations and prohibitions of liability set in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer, including liabilities arising in contract, in tort and for breach of statutory duty.
As long as the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.
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13. Limitation of Liability
THE SITE AND ITS CONTENT,PRODUCTS, AND SERVICES ARE PRESENTED "AS IS." WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THESE SITE TERMS AND CONDITIONS OR THE SITE OR ITS CONTENTS OR SERVICES. FITLIPZ WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SITES. IN ADDITION, FITLIPZ DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THE SITES IS ACCURATE, COMPLETE OR CURRENT.
You acknowledge and agree that we limit our liability in respect of all claims for a nonconforming or damaged Product, at our option, to replacement of the product or payment of having the Product supplied again.
You agree that our total aggregate liability for all claims relating to the Product is limited to the retail price and shipping costs paid by you to us for the product.
This Limitation of Liability shall not apply to claims for personal injury, willful conduct, gross negligence or fraud related to your use of a Product.
IF YOU ARE DISSATISFIED WITH THE SITE, TERMINATION OF YOUR USE OF THE SITE IS YOUR ONE RESOLUTION. WE HAVE NO OTHER OBLIGATION, LIABILITY, OR RESPONSIBILITY TO YOU.
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14. Governing Law
These Terms shall be governed and construed in accordance with the laws of New Jersey, United States, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
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15. General
You agree and acknowledge that these Terms and Conditions constitute the complete and exclusive agreement between us concerning your use of the Site, and supersede and govern all prior proposals, agreements, or other communications.
We have the right, in our sole discretion, to change these Terms and Conditions at any time by posting the changes on the Site and providing notice of such change. Any changes are effective immediately upon posting to the Site. Your continued use of the Site thereafter constitutes your agreement to all such changed Terms and Conditions. We may, with or without prior notice, terminate any of the rights granted by these Terms and Conditions. You shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of the Site.
Nothing contained in these Terms and Conditions shall be construed as creating any agency, partnership, or other form of joint enterprise with us. Our failure to require your performance of any provision hereof shall not affect our full right to require such performance at any time thereafter, nor shall our waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself. In the event that any provision of these Terms and Conditions shall be unenforceable or invalid under any applicable law or be so held by any applicable arbitral award or court decision, such invalidity shall not render these Terms and Conditions unenforceable or invalid as a whole but these Terms and Conditions shall be modified by the adjudicating entity to most fully reflect the original intent of the parties as reflected in the original provision. The headings in the Terms and Conditions are for convenience only and shall not be used in its interpretation.
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16. Contact us:
Please email us at amy@fitlipz.com if you have any questions regarding these Terms and Conditions.
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