Mature Fitness Shoppe - Senior Fitness and Health Products & Resources

Mature Fitness Shoppe - Senior Fitness and Health Products & Resources
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Terms of Use

Use of this Site Is Governed by these Terms and Conditions
This website is owned and operated by Mature Fitness, LLC (hereinafter called "Mature Fitness Shoppe"). We provide our products and services to you subject to the following Terms and Conditions. If you visit or shop at the Mature Fitness Shoppe website (www.maturefitness.com, www.maturefitnessshoppe.com, www.maturefitnessshop.com), you agree to and accept these Terms and Conditions. Please take some time to read them carefully. By using this website, you constitute your agreement to follow these rules and agree to be bound by them. If you are in disagreement with any of these Terms and Conditions, do not use this website.

Changes to these Terms and Conditions
The Mature Fitness Shoppe reserves the right to change or update these Terms and Conditions at any time without giving any prior notice of the modifications. Should you continue to use this website, this constitutes acceptance of the Terms and Conditions stated at the time of your use. We recommend that you view this page before using the website in order to read the current Terms and Conditions to which you are bound.

Electronic Communications
When you visit the Mature Fitness Shoppe 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 website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any and all legal requirement that such communications be in writing.

Copyrights
All content included on this website, such as text, graphics, logos, icons, images, audio clips, digital downloads, data compilations and software is the property of the Mature Fitness Shoppe or its suppliers and protected by United States and international copyright laws. The compilation of all content on this website is the exclusive property of the Mature Fitness Shoppe and protected by U.S. and international copyright laws. All software used by this website is the property of the Mature Fitness Shoppe or its software suppliers and protected by United States and international copyright laws.

Trademarks
Mature Fitness Shoppe, Mature Fitness, maturefitness.com and other marks indicated on our website are trademarks of the Mature Fitness Shoppe or its affiliates and suppliers. Other Mature Fitness Shoppe graphics, logos, page headers, icons, scripts, and service names used on the website are also trademarks or trade dress of the Mature Fitness Shoppe. The Mature Fitness Shoppe's trademarks and trade dress may not be used in connection with any product or service that is not the Mature Fitness Shoppe's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits the Mature Fitness Shoppe. All other trademarks not owned by the Mature Fitness Shoppe that appear on this website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by the Mature Fitness Shoppe.

License and Site Access
The Mature Fitness Shoppe grants you a limited license to access and make personal use of this website and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of the Mature Fitness Shoppe. This license 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. This website or any portion of this website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of the Mature Fitness Shoppe. 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 the Mature Fitness Shoppe without express written consent. You may not use any meta tags or any other "hidden text" utilizing the Mature Fitness Shoppe's name or trademarks without the express written consent of the Mature Fitness Shoppe. Any unauthorized use terminates the permission or license granted by the Mature Fitness Shoppe. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the Mature Fitness Shoppe so long as the link does not portray the Mature Fitness Shoppe, its affiliates or suppliers, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Mature Fitness Shoppe logo or other proprietary graphic or trademark as part of the link without express written permission.

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. The Mature Fitness Shoppe may sell products for children, but it will only sell them to adults. If you are under 18, you may use the Mature Fitness Shoppe only with involvement of a parent or guardian. We reserve the right to refuse service, terminate accounts, remove or edit account content, or cancel orders at our sole discretion.

False Impersonation
You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead the Mature Fitness Shoppe regarding your true identity.

Errors and Inaccuracies; Limitations on Quantity
The Mature Fitness Shoppe attempts to be as accurate as possible. However, we do not warrant that product descriptions or other content of this website is accurate, complete, reliable, current, or error-free. There may be an occurrence in which information on this website could contain errors or inaccuracies or may not be completely current. If a product offered by the Mature Fitness Shoppe is not as described, your sole remedy is to return it in unused condition. We reserve the right to correct and update any inaccuracies, errors, or omissions at any time without prior notice. We also reserve the right to limit quantities at any time. (This includes the time period after you have submitted your order). We sincerely apologize for any inconvenience or difficulties this may cause you.

Pricing
Mature Fitness Shoppe reserves the right to modify or change prices at any time without prior notice. Despite our best efforts, a small number of the items in our catalog may be mispriced. If we discover a mispricing after you have ordered, we will do one of the following:

  • If an item's correct price is lower than our stated price, we will charge the lower amount and ship you the item.
  • If an item's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.

The List Price displayed for products on our website represents the full retail price listed on the product itself, suggested by the manufacturer or supplier, or estimated in accordance with standard industry practice. The List Price is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day.

Shipping
Some of the items purchased from the Mature Fitness Shoppe are shipped pursuant to a shipment contract. This means that the risk of loss and title for all items shipped by us pass to you upon our delivery to the carrier. Occasionally packages are returned to us as undeliverable. When the carrier returns an undeliverable package to us, we issue a full refund. We are unable to re-ship orders that are returned to us as undeliverable. If you would still like to purchase items that were undeliverable, you are welcome to place a new order on our website. If you suspect your order cannot be delivered as addressed and you have not received confirmation of its return or refund after 4 weeks from the estimated delivery date, please contact us by email at support@maturefitness.com.

Return Policy
You may return any new, unopened items purchased from the Mature Fitness Shoppe within 30 days from the delivery date for a full refund unless otherwise noted at the time of purchase. We will also pay the return shipping costs if the return is a result of our error (we shipped an incorrect or defective item). Unfortunately, we cannot provide refunds for items that have been used or returned more than 30 days after the date of delivery.

Disclaimer of Warranties and Limitation of Liability
THIS WEBSITE IS PROVIDED BY THE MATURE FITNESS SHOPPE ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE MATURE FITNESS SHOPPE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS WEBSITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE MATURE FITNESS SHOPPE WEBSITE OR ANY PRODUCTS OR SERVICES WE MAY OFFER IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, THE MATURE FITNESS SHOPPE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE MATURE FITNESS SHOPPE DOES NOT WARRANT THAT THIS WEBSITE, ITS SERVERS, OR EMAIL SENT FROM THE MATURE FITNESS SHOPPE ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. THE MATURE FITNESS SHOPPE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEBSITE, OR ANY PRODUCTS OR SERVICES PROVIDED THROUGH THIS WEBSITE, EVEN IF WE WERE GIVEN PRIOR NOTICE OF SUCH DAMAGES, 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 MAY HAVE ADDITIONAL RIGHTS.

Other Websites
We make no representations whatsoever about any other website that you may access through the Mature Fitness Shoppe or which may link to this website. When you access a website that is not ours, please understand that it is independent from us and that we have no control over the content on that website or the internet in general. A link to or from another website does not mean we endorse or accept any responsibility for the content or the use of that website.

Indemnification
You agree to indemnify, defend, and hold harmless the Mature Fitness Shoppe, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to our website from and against all losses, expenses, damages, and costs, including reasonable attorneys' fees, resulting from any violation of this agreement (including negligent or wrongful conduct) by you or any other person accessing this website.

Failure to Enforce and Assignment
Our failure to insist upon or enforce strict performance of any provision of these Terms and Conditions shall not be construed as a waiver of any provision or right. Neither courses of conduct between parties nor trade practice shall act to modify any provision of this agreement. We may assign our rights and duties under this agreement to any party at any time without notice to you.

Severability
If any of these Terms and Conditions shall be deemed invalid, void, or for any reason unenforceable, that term or condition shall be deemed severable and shall not affect the validity and enforceability of any remaining term or condition.

Applicable Law
By visiting and using this Website, you agree that the laws of the state of Delaware, without regard to principles of conflict of laws, will govern these Terms and Conditions and any dispute of any sort that might arise between you and the Mature Fitness Shoppe.

Disputes
Any dispute relating in any way to your visit to the Mature Fitness Shoppe website, or to products you purchase through us, shall be submitted to confidential arbitration in Volusia County, Florida, except that, to the extent you have in any manner violated or threatened to violate the Mature Fitness Shoppe's intellectual property rights, we may seek injunctive or other appropriate relief in any state or in federal court in the state of Florida, 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 arbitrator's 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.

Reservation of Rights
Any rights not expressly granted herein are reserved by the Mature Fitness Shoppe.

Our Address:
Mature Fitness Shoppe
PO Box 1827
New Smyrna Beach, FL 32170
877-262-1525
support@maturefitness.com


Updated: November 1, 2009
 
 

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