What is Epic Fitness, LLC’s return policy?
All Epic Fitness, LLC products include a money back guarantee. If a customer is not 100% satisfied with their results, product(s) can be returned for a refund of the purchase price (less shipping and handling) if returned within the money back guarantee period specified at the time of purchase (30,60, or 90 days).
The guarantee period starts from the date of delivery. Returns must be marked with a valid return authorization number and postmarked within the specified guarantee period to be eligible for refund. Return postage fees are the sole responsibility of the sender. Epic Fitness, LLC strongly recommends retaining proof of return for the small chance a package does not reach the warehouse as expected. If a package is lost in transit, a refund will only be authorized if the return shipment can be verified by means of a carrier receipt and/or tracking number showing a valid Epic Fitness, LLC return address as the destination.
Epic Fitness, LLC is not responsible for packages that are refused at delivery, returned to sender, or sent without a return authorization number. Using any of these methods to return a shipment may delay or prevent the processing of a refund.
When will the refund be processed?
Once a return is received at the warehouse, refunds are usually processed by Epic Fitness LLC,within 1-2 weeks. The financial institution receiving the refund may take additional time to process and return the funds.
TERMS AND CONDITIONS
Epic Fitness, LLC distributor of fitness, health and wellness products including dietary supplements and other products sold on the Epic Fitness, LLC website at www.d28forlife.com and other sites where these terms and conditions are posted (each, the “Site”), maintains this Site for your personal information, education and to provide information and products for individuals looking for products and services distributed by Epic Fitness, LLC. Please read these terms and conditions of use carefully before using this site. Your use of this Website, including, informational materials or any other services provided through the Website, shall be deemed to constitute your consent to be bound by the terms and conditions of this Agreement and shall be enforceable in the same way as if you had signed this Agreement. If you do not agree to these terms and conditions, we ask that you do not use the Website or order any items from it. This Agreement governs and applies to your access to and use of this Website and its related domains on which this document appears, any order you place through this Website and Websites on which the document appears, and, as applicable, your use of other products or services of Epic Fitness, LLC.
To the extent of any express inconsistency with any other agreement you may have with Epic Fitness, LLC for products, services, or otherwise, that other agreement shall prevail unless explicitly stated therein. If this Agreement refers or relates to a clause that is not part of that other agreement, then these terms shall apply therein as well, if you are a user of the Website.
CHANGES TO TERMS AND CONDITIONS
We reserve the right, at our discretion, to modify, add, or remove portions of these terms and conditions at any time and each such change shall be effective immediately upon posting. The date of these terms and conditions is noted under the “terms and conditions” heading above. Please check these terms and conditions periodically for changes. Your continued use of this site following the posting of changes to these terms and conditions will mean you accept those changes.
This Site is provided by Epic Fitness, LLC, and these Terms and Conditions provide to you (identified herein as “you” or “user”) a personal, revocable, limited, non-exclusive, royalty-free, non-transferable license to use this Site conditioned on your continued compliance with these Terms and Conditions. If you are using the Site on behalf of a company or other business entity, please note that such a company or entity may have a separate agreement with Epic Fitness, LLC. Nevertheless, your use will be subject to these Terms and Conditions.
THIS SITE DOES NOT PROVIDE MEDICAL ADVICE
The content of this site and information provided to in response to a request made or question presented or survey completed by you (the “Information”) is for informational purposes only. The Information is not a substitute for professional medical advice, diagnosis or treatment. You should always seek the advice of a qualified health provider before making any adjustment to any medication or treatment you are currently using, stopping the use of any medication or treatment or starting any new medication or treatment, whether or not the subject was covered the Information provided to you. The Information is intended to provide users with a general understanding of certain wellness and health care topics and is not specifically applicable to any individual’s medical problems, concerns and/or needs. Any action you take on the basis of the Information provided is solely at your own risk and expense.
THIS SITE IS INTENDED FOR ADULTS
You should be aware that this Site is not intended or designed to attract anyone under the age of 18. We do not collect personally identifiable information from any person we actually know is under the age of 18. By downloading, accessing, or using this Site or in order to view our information and materials or submit information of any kind to this Site, you represent that you are at least eighteen (18) years of age (or the age of majority in your state of residence).
You will have the opportunity through our Sites to e-mail us with any questions you may have for our featured expert regarding our skin care, dietary supplements and other products in general or health matters in general. Do not send us any medical, therapeutic or treatment questions. Epic Fitness, LLC, and the experts featured on the Site do not provide medical advice, and we urge you to contact your doctor if you feel you require medical advice or treatment.
PROTECTION OF INTELLECTUAL PROPERTY RIGHT AND LICENSE
You acknowledge that content available through the Website, including without limitation, content in the form of text, graphics, software, music, sound, photographs, and videos, and content provided by suppliers, sponsors, or third-party advertisers (“Intellectual Property Rights”), is protected by copyrights, trademarks, patents, or other proprietary rights and laws. Except as expressly authorized by Epic Fitness, LLC herein, you agree not to copy, modify, rent, lease, loan, sell, assign, distribute, license, reverse engineer, or create derivative works based on the Website or any content (including without limitation, any software) available through the Website. You are hereby granted a nonexclusive, nontransferable, revocable, limited license to view, copy and print content retrieved from the Website for the sole purpose of placing an order via the Website or using the Website as a shopping and education resource, provided that you do not remove or obscure the copyright notice or other notices displayed on the content. You may not copy or use the content obtained through the Website in any other way or for any other purpose. You may not copy, reprint, modify, distribute, or sell content retrieved from the Website in any way, for any commercial use or provide it to any commercial source, including other web sites, regardless of whether you receive compensation, without the prior written permission of Epic Fitness, LLC. You may not frame any trademark, logo, or other proprietary information on this Website without the express written consent of Epic Fitness, LLC. Except as expressly provided in this Agreement, nothing contained in this Agreement or on the Website shall be construed as conferring any other license or right, expressly, by implication, by estoppel, or otherwise under any of Epic Fitness, LLC’s Intellectual Property Rights or under any third party’s Intellectual Property Rights. Any rights not expressly granted herein are reserved.
RESTRICTIONS ON USE OF MATERIALS
These Terms and Conditions provide only a limited license to access and use the Site. Accordingly, you expressly acknowledge and agree that Epic Fitness, LLC, transfers no ownership or intellectual property interest or title in and to this Site to you or anyone else. All materials, including without limitation, graphics, images, HTML, codes, multimedia clips, Java codes, logos, button icons, banners and software, contained in this Site are the copyrighted property of Epic Fitness, LLC, or its affiliated companies and/or third party licensors. All trademarks, service marks, and trade names show on this Site are proprietary to Epic Fitness, LLC, or its affiliates and/or third party licensors. Unauthorized use of the materials on this Site will violate intellectual property rights. All rights not expressly granted in these Terms and Conditions are reserved to Epic Fitness, LLC, or its affiliated companies and/or third part licensors, whichever is the owner of any specific material. As such, no material from this Site may be modified, translated, decompiled, disassembled, broadcast, licensed, sublicensed, transferred, sold, mirrored, framed, exploited, rented, leased, copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that other than in the case of certain third party content, you may download one copy of the materials on any single computer for your personal, non-commercial home use only, provided that (i) you keep intact all copyright and other proprietary notices, (ii) you make no modifications to the materials, (iii) you do not use the materials in a manner that suggests an association with any of our products, services, or brands, and (iv) you do not download quantities of materials to a database that can be used to avoid future downloads from this Site. The use of any such material on any other Web Site or computer environment is prohibited. Moreover, you may not (i) use any “deep link,” “page scrape,” “robot,” “spider,” or other automatic device, program, script, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of this Site or in any way reproduce or circumvent the navigational structure or presentation of this Site to obtain or attempt to obtain any materials, documents, or information through any means not purposely made available through the Site, (ii) attempt to gain unauthorized access to any portion or feature of this Site, including, without limitation, the account of another user(s), or any other systems or networks connected to this Site or to any Epic Fitness, LLC, server or to any of the services offered on or through the Site, by hacking, password “mining,” or any other illegitimate or prohibited means, (iii) probe, scan, or test the vulnerability of this Site or any network connected to the Site, nor breach the security or authentication measures on this Site or any network connected to the Site, (iv) reverse look-up, trace, or seek to trace any information on any other user of or visitor to the Site, (v) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of this Site or Epic Fitness, LLC’s systems or networks or any systems or networks connected to the Site, (vi) use any device, software, or routine to interfere with the proper working of this Site or any transaction conducted on the Site, or with any other person’s use of the Site, (vii) forge headers, impersonate a person, or otherwise manipulate identifiers in order to disguise your identity or the origin of any message or transmittal you send to Epic Fitness, LLC on or through the Site, (viii) use the Site or any interactive feature to harvest or collect e-mail addresses or other contact information; or (ix) use this Site in an unlawful manner or in a manner that could damage, disparage, or otherwise negatively impact Epic Fitness, LLC. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, COPYING OR REPRODUCING ANY SERVICES, PROGRAMS, PRODUCTS, INFORMATION, OR MATERIALS PROVIDED BY Epic Fitness, LLC TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. Epic Fitness, LLC cannot and does not guarantee or warrant that any files or information available for downloading will be free of infection, viruses, worms, Trojan horses or other code or codes that may contain contaminating or destructive properties. You agree to assume the entire cost of all necessary servicing, repair or correction resulting from any such downloading. You may not link any other website to this Site, nor reference hypertext documents on this Site from another website or document including e-mail, except under agreement as provided under our Affiliate program. Epic Fitness, LLC reserves the right at any time and in its sole discretion to change or revoke any authorization granted above. In such circumstances or if you violate any of the provisions of these Terms and Conditions your permission to use the materials automatically terminates and you must immediately destroy any copies you have made of the materials. Nothing contained in this Site should be construed as granting any license or right to use any trademark, logo, trade name, or design displayed on this Site without the written permission of Epic Fitness, LLC or the respective owner of the trademark.
LIMITATION OF LIABILITY AND DISCLAIMER
The use of this Site and the Information is at your own risk. When using this Site, information will be transmitted over a medium over which Epic Fitness, LLC has no control or jurisdiction. Therefore Epic Fitness, LLC does not assume any liability for or relating to the delay, failure, interruption or corruption of any information transmitted in connection with the use of this Site. This Site and the Information given through this Site are provided without charge and are provided on an “As Is” basis. TO THE FULLEST EXTENT PERMITTED BY LAW, Epic Fitness, LLC DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the exclusions may not apply to you. Epic Fitness, LLC does not warrant that the Information contained on this Site will be uninterrupted or error free, or that defects will be corrected. Epic Fitness, LLC makes no warranty as to the accuracy, reliability, completeness, timeliness, usefulness, adequacy or suitability of the Information, links or communications provided on or through the use of this Site and does not warrant against human or machine error, delay, omissions, interruptions or losses, including loss of any data or the legality of the Site or compliance with respect to laws governing the products, services or promotions offered on this Site. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE, OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, LICENSEES, SUPPLIERS, OR THOSE HEALTH CARE PROFESSIONALS WHO HAVE CONTRIBUTED MATERIAL OR ANSWERED QUESTIONS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, PERSONAL INJURY, OR WRONGFUL DEATH WHATSOEVER, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOST REVENUE, LOST OR DAMAGED DATA, OR OTHER COMMERCIAL OR ECONOMIC LOSS THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS SITE OR THE INFORMATION, WHETHER BASED ON WARRANTY, CONTRACT, TORT, INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN WARRANTY, CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE), INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, STRICT LIABILITY OR OTHER LEGAL THEORY) EXCEED THE AMOUNT PAID (WHICH MAY BE NOTHING) BY YOU TO US, IF ANY, FOR ACCESSING THIS SITE.
You agree that you will, at all times, provide true, accurate, current, and complete information when submitting information or materials on this Site, including, without limitation, when you provide information via a Site registration or submission form. If you provide any false, inaccurate, untrue, or incomplete information, Epic Fitness, LLC reserves the right to terminate immediately your access to and use of this Site. In addition, you agree that you will not make any transmission or submission to this Site that violates any laws or regulations or infringes or violates the rights of any person or entity. By making communications or submitting information, success stories, testimonials, feedback, and/or photographs (collectively, “Submissions”) to chat rooms, message or discussion boards or other forums, such as success stories or testimonials, or in contests or the like, you agree that such Submission is not confidential for all purposes and we shall not be liable for any use or disclosure of any such Submissions by us or others. If you make any such Submission, you automatically grant (or warrant that the owner of such content has expressly granted) Epic Fitness, LLC a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the Submission (including without limitation your photograph or likeness) in any media or medium, or any form, format, or forum now known or hereafter developed and waive any and all moral rights in the Submissions. Epic Fitness, LLC, may sublicense its rights through multiple tiers of sublicenses.
If you participate in a chat area, message or discussion board, forum, or e-mail function from this Site or submit your success story or testimonial for publication on our Site (“Public Areas”) you are solely responsible for your own communications, the consequences of posting those communications, and your reliance on any communications found in the Public Areas. Epic Fitness, LLC is not responsible for the consequences of any communications in the Public Areas. In cases where you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately. If you think you may have a medical emergency, call your doctor or 911 immediately.
Please keep in mind that whenever you give out personal information online for example, via message boards or chat areas on this Site that information can be collected and used by people you don’t know. While Epic Fitness, LLC strives to protect your personal information and privacy, we cannot guarantee the security of any information you disclose online; you make such disclosures at your own risk. Although Epic Fitness, LLC may from time to time monitor or review discussions, chats, postings, transmissions, bulletin boards, and the like on this Site, Epic Fitness, LLC is under no obligation to do so and assumes no responsibility or liability arising from such materials nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any such materials on this Site.
You agree that if you use any Public Areas, you must not:
violate any local, state, national or international laws;
defame, abuse, harass or threaten others;
make any bigoted, hateful or racially offensive statements;
advocate illegal activity or discuss illegal activities with the intent to commit them;
post or distribute any material that infringes and/or violates any intellectual property right of others or the privacy or publicity rights of others;
post or distribute any unlawful, vulgar, obscene, slanderous, hateful, discourteous, derogatory, or indecent language or images or material that is embarrassing to any other person or entity;
advertise or sell to or solicit others;
use the Public Areas for commercial purposes of any kind;
post or distribute any software or other materials which contain a virus or other harmful component;
post material or make statements that do not generally pertain to the designated topic or theme of any chat room or bulletin board;
impersonate another person or post or transmit information anonymously or under a false name;
collect information about others, including email addresses, without their consent;
post chain letters or pyramid schemes;
allow any other person or entity to use your account or identification for any purpose whatsoever, including posting or viewing comments;
after receiving a warning, continue to disrupt the normal flow of dialogue in any Public Area;
post the same note more than once or “spamming”;
engage in any other conduct that restricts or inhibits any other person from using or enjoying the Site, or which in the judgment of Epic Fitness, LLC exposes Epic Fitness, LLC or any of its customers, licensors, or suppliers to any liability or detriment of any type.
Epic Fitness, LLC does not and cannot review all communications and materials posted or uploaded to this Site and is not responsible for the content of these communications or materials. However, we reserve the right (but not the obligation) to monitor these Public Areas and to refuse to post, remove or edit content from any of these areas at any time and for any reason. In addition, we reserve the right to take any action we think necessary to enforce compliance with your agreement or to protect the personal safety of our users or the public, including recording dialogue in public chat rooms and terminating a user’s access to the Public Areas or the Site. Epic Fitness, LLC has no liability or responsibility to users of this Site or any other person or entity for performance or nonperformance of any such activities.
ENFORCING SECURITY ON THE SITE
Actual or attempted unauthorized use of this Site may result in criminal and/or civil prosecution, including, without limitation, punishment under the Computer Fraud and Abuse Act of 1986 under U.S. federal law. Epic Fitness, LLC reserves the right to view, monitor, and record activity on this Site without notice or permission from you. Any information obtained by monitoring, reviewing, or recording is subject to review by law enforcement organizations in connection with investigation or prosecution of possible criminal activity on the Site. Epic Fitness, LLC will also comply with all court orders involving requests for such information. In addition to the foregoing, Epic Fitness, LLC reserves the right to, at any time and without notice, modify, suspend, terminate, or interrupt operation of or access to the Site, or any portion of this Site in order to protect the Site, Epic Fitness, LLC or Epic Fitness, LLC’s business.
LINKS TO OTHER SITES
We suggest that you exercise discretion while browsing the Internet using this Site. You should be aware that when you are on this Site, you could be directed to other websites that are beyond our control. There are links to other websites from Epic Fitness, LLC pages that take you outside of our service. For example, if you “click” on a banner advertisement or a link, the “click” may take you off this Site. This includes links from advertisers, sponsors, and content partners that may use our logo(s) as part of a co-branding agreement. These other websites may send their own cookies to users, collect data, solicit personal information, or contain information that you may find inappropriate or offensive. In addition, advertisers on this Site may send cookies to users that we do not control. Use of third-party websites is at your own risk and subject to the terms and conditions of use for such websites. We make no representations concerning the content of any such third party websites. Consequently, we cannot be held responsible for the accuracy, relevancy, copyright compliance, legality or decency of material contained in websites linked to this Site. We reserve the right to disable links from third party sites to this site.
PURCHASING ITEMS ON OUR WEBSITE
Epic Fitness, LLC takes reasonable precautions to try to ensure that the prices quoted on the Website are correct, and to describe the items available on the Website as accurately as possible and to depict the most up to date packaging. However, when ordering products please note that Epic Fitness, LLC does not warrant that product descriptions are accurate, complete, reliable, current, or error-free, or that product packaging depicted on the Website will match the actual product that you receive. If a product described on the Website is not as described when you receive it, or the packaging on the Website does not match the product you receive, your sole remedy is to return it to us in unused and undamaged condition in accordance with our Returns Policy, which is listed in the Website under Customer Service. All items are subject to availability and we will inform you as soon as possible if the product(s) or service(s) you have ordered are not available and we may offer alternative product(s) or service(s) of equal or higher quality and value.
ORDER ACCEPTANCE AND SHIPMENT
Your placement of an order does not necessarily assure that we will accept your order. We may require additional information regarding your order if you have not provided all of the information required by us to complete it. Once a properly completed order is received and authorization and your form of payment is received, we will promptly locate the item(s) you have ordered to place them in line for shipment. The Website does not accept orders from dealers, wholesalers, or other customers who intend to resell items offered on the Website.
ORDER PAYMENT INFORMATON
If you use the Website or other means to purchase a product, payment must be received by Epic Fitness, LLC prior to Epic Fitness, LLC’s acceptance of an order, unless otherwise agreed by Epic Fitness, LLC. All Epic Fitness, LLC products are subject to sales tax which will be applied to your order total. In the United States, Epic Fitness, LLC is required to collect applicable state and local sales tax on orders shipped to certain states. Taxes apply to most merchandise, but some states exclude certain items, like food products. Some taxing authorities also require the taxable amount to include any shipping and handling charges, while others charge sales tax only on merchandise. Epic Fitness, LLC is required to follow the rules of each state. Your final order will include the appropriate state and local taxes. Qualifying States: CA, CO, IA, LA, NC, OH, and PA.
Epic Fitness, LLC may need to verify information you provide before Epic Fitness, LLC accepts an order, and may cancel or limit an order any time after it has been placed. If payment has already been made and your order is cancelled or limited, Epic Fitness, LLC will refund any payment you made for the product that will not be shipped due to cancellation or limitation of an order in the same tender as the original purchase. Epic Fitness, LLC expressly conditions its acceptance of your order on your agreement to this Agreement.
In ordering products through the Website or otherwise, you agree to provide only true, accurate, current, and complete information. You hereby certify that any email account you provide to Epic Fitness, LLC is registered to you. Epic Fitness, LLC shall have the right to bar your access to and use of the Website or its other products or services if it has reasonable grounds to believe that you have provided untrue, inaccurate, not current, or incomplete information to Epic Fitness, LLC, or for any other reason it, in its sole discretion, deems appropriate. You agree that if you are ordering or purchasing products on behalf of a company, that you have sufficient authority to bind that company to this Agreement. You agree that your placement of an electronic order on the Website is sufficient to satisfy any applicable Statute of Frauds, and no further writing is required.
Epic Fitness, LLC may reject orders where the stated delivery address is outside the United States. Epic Fitness, LLC will add applicable shipping and handling fees.
Epic Fitness, LLC reserves the right without prior notice to discontinue or change specifications and prices on products offered on and outside of the Website without incurring any obligation to you.
Epic Fitness, LLC’s descriptions of, or references to, products not owned by Epic Fitness, LLC on and outside of the Website do not imply endorsement of that product, or constitute a warranty, by Epic Fitness, LLC.
For Canadian Orders only by ordering goods from Epic Fitness, LLC, you hereby authorize a licensed Canadian customs broker chosen by Epic Fitness, LLC to act as your agent, and to transact business with Canada Border Services Agency (CBSA) to clear your merchandise, account for applicable duties and taxes, to return merchandise to Epic Fitness, LLC and prepare and submit refund claims on your behalf for any merchandise that you return. You understand that CBSA will send any refund of duties and taxes that were paid on the returned merchandise to the broker, and that you will obtain the refund directly from Epic Fitness, LLC. In this connection, you also authorize the customs broker to endorse any refund check issued by CBSA in your name, so that Epic Fitness, LLC can be reimbursed.
You are the principal importer of record and will undertake responsibility for all applicable taxes, shipping, customs clearance, duties and import requirements from Epic Fitness, LLC’s facilities in the United States to your foreign ship to destination.
PRICING ERRORS AND OMISSIONS
Please be aware that prices, availability and other purchase terms are subject to change without prior notice. We make every effort to insure the accuracy of the information on the Website and if errors are discovered, we correct them. Be advised that Epic Fitness, LLC reserves the right to revoke any stated offer to correct any errors, inaccuracies, or omissions, including after an order has been submitted, after it has been confirmed, or after your credit card has been charged. If we discover an error after your credit card has been charged and your order is canceled as a result of the error, your credit card will be refunded the full amount of your order.
ELECTRONIC SIGNATURES AND AGREEMENTS
RISK OR LOSS
All items purchased from the Website are delivered to shipment carriers. The risk of loss and title for such items pass to you upon our delivery to the carrier.
You may return items in accordance with the Returns instructions that accompany your product shipments or, if you are uncertain about your right to return the product, you may also call Customer Service for assistance.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES WILL MINERVA RESEARCH LABS,LLC, ITS SUPPLIERS, AFFILIATES OR AGENTS BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, HOWSOEVER CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE RESULTING FROM (1) THE USE OF, OR THE INABILITY TO USE, THE WEB SITE; (2) THE USE OF, OR THE INABILITY TO USE, ITEMS PURCHASED ON THE WEBSITE; (3) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES, ITEMS, OR WEBSITE.
TERMINATION OF ACCOUNT
These Terms and Conditions will take effect at the time you click “SUBMIT ORDER”, register, respond to a request for information, and/or begin downloading, accessing, or using this Site, whichever is earliest. Epic Fitness, LLC reserves the right at any time and for any reason to deny you access to this Site or to any portion thereof in order to protect its name and goodwill, its business, and/or other users, and Epic Fitness, LLC shall have the right to immediately terminate a user’s account in the event of any conduct by a user which Epic Fitness, LLC, in its sole discretion, considers to be unacceptable, or in the event of any breach by a user of these Terms and Conditions. Termination will be effective without notice. You may also terminate these Terms and Conditions at any time by ceasing to use the Site, but all applicable provisions of these Terms and Conditions will survive termination, as identified below. Upon termination, you must destroy all copies of any aspect of this Site in your possession. The provisions concerning Epic Fitness, LLC’s proprietary rights, Submissions, indemnity, disclaimers of warranty and liability, admissibility of these Terms and Conditions, and governing law will survive the termination of these Terms and Conditions for any reason.
You agree to indemnify, defend and hold Epic Fitness, LLC and its affiliates and their respective officers, directors, owners, agents, information providers, affiliates, licensors and licensees (collectively, the “Indemnified Parties”) harmless from and against any and all claims, demands, liabilities, costs and/or expenses whatsoever (including without limitation reasonable legal fees disbursements) arising out of or resulting, directly or indirectly, from: (a) your breach of these Terms and Conditions; (b) your access to or use of this Site or any website to which this Site is or may be linked from time to time; (c) your use of, reliance on, or publication, communication or distribution of anything on or from this Site; and/or (d) your violation of any law, rule or regulation. You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
You acknowledge that any breach, threatened or actual, of these Terms and Conditions will cause irreparable injury to Epic Fitness, LLC such injury would not be quantifiable in monetary damages, and Epic Fitness, LLC would not have an adequate remedy at law. You therefore agree that Epic Fitness, LLC shall be entitled in addition to other available remedies, to seek and be awarded an injunction or other appropriate equitable relief from a court of competent jurisdiction restraining any breach, threatened or actual, of your obligations under any provision of these Terms and Conditions. Accordingly, you hereby waive any requirement that Epic Fitness, LLC post any bond or other security in the event any injunctive or equitable relief is sought by or awarded to Epic Fitness, LLC to enforce any provision of these Terms and Conditions.
Unless otherwise specified, the Information is presented solely for, and any coupons, promotions and programs are offered only to, residents of the United States of America, the US Virgin Islands, Puerto Rico and Guam. In addition, any contests or sweepstakes offered are offered only to residents of the United States of America. We make no representation that material on this Site is appropriate or available for use in any particular location. Those who choose to access this Site do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
You can contact us via e-mail by clicking “Contact Us” on any Epic Fitness, LLC page or send an e-mail directly to firstname.lastname@example.org. Please include information in the e-mail that will help us identify your account so we can assist you with your inquiry or request.
WAIVER & SEVERABILITY
Failure to insist on strict performance of any of these Terms and Conditions will not operate as a waiver of any subsequent default or failure of performance. No waiver by Epic Fitness, LLC, of any right under these Terms and Conditions will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time. If any part of these Terms and Conditions is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and the liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most clearly matches the intent of the original provision and the remainder of these Terms and Conditions shall continue in effect.
SUCCESSORS AND ASSIGNS
We may perform any of our obligations or exercise any of our rights under these Terms and Conditions through one or more of our corporate affiliates (including any entity that directly or indirectly controls, is controlled by, or is under common control with us). If Epic Fitness, LLC, or its assets are acquired by another entity, that entity will assume our rights and obligations as described in these Terms and Conditions. You may not assign your rights or obligations under these Terms and Conditions, by operation of law or otherwise, without our prior written consent.
If you need further assistance, please, write us at:
Attention: Consumer Affairs Department
Epic Fitness, LLC
P.O. Box 7224
Van Nuys, CA