Terms of Use
For FitRxRecovery.com and FitRx App
In short…The following key points of this User Agreement are only brought for Your convenience. These key points do not substitute the full User Agreement.
- The Service is owned and operated by Tzumi Electronics LLC d/b/a TZUMI.
- Acceptable use.The Terms define the acceptable use of the Service and the actions you should avoid while using the Website.
- Age restriction.The Service is intended and permitted for useonly by individuals 18 years of age or older.
- Account termination.We may temporarily or permanently deny, limit, suspend, or terminate your User account.
- Privacy.We respect your privacy, as further explained in our Privacy Policy.
- Intellectual property. All rights, title, and interest in and to the Service, including all intellectual property rights, are owned by – or licensed to us.
- Availability. The Company does not warrant or guarantee that the Service will operate without disruption, errors, or interruptions, or that it will be accessible, or available at all times, or immune from unauthorized access or error-free.
- Disclaimer of warranty. The Website, the Content, and the Products are provided for use as is. We disclaim all warranties and representations, either express or implied, with respect to the Website.
- Limitation of liability.The liability of the Company, including anyone on its behalf, is limited with respect to any damage or loss, arising from, or in connection with the use of, or the inability to use the Website.
- Law & jurisdiction.Use of the Service is governed by the laws of the State of New York, USA. Most disputes between us will be decided in arbitration. You can opt out of arbitration under the terms outlined below, in which case disputes will be decided in court.
Terms of Use and Sale
Tzumi’s website (“Website”) is owned and operated by Tzumi Electronics LLC, a New York corporation (the “Company”, “we”, “our”) d/b/a Tzumi. Our address is at 16 East 34th Street, New York, NY 10016.
Please carefully read the following terms and conditions of use and sale (the “Terms”), which constitute a binding agreement between you and the Company and define your rights and responsibilities regarding purchases made through the Website.
By accessing or using the Website or purchasing our Products offered for sale on the Website, you signify your acceptance of these Terms.
If you do not agree to these Terms, you may not access the Website or use it in any manner.
About the Website
Informative content on the Website.The Website provides content and information about Tzumi and its unique Products (the “Products” or “Tzumi“). The Website’s content is presented for informative purposes only. Some sections of the Website allow you to submit your contact details, in order to request support or receive further information and updates regarding the Product.
Ordering Products. The Website might also allow users to customize their product (such as phone grip) and receive a lifetime replacement warranty, excluding the cost of shipping, from the Company.
Images that you upload. When customizing your own product, you must use only your own original and lawful content. You can’t use copyright-protected photographs, drawings, artworks, graphics, prints, and any other content (collectively “Content“) that you don’t own the rights to.
THAT MEANS YOU CAN’T UPLOAD COPYRIGHT-PROTECTED PHOTOGRAPHS, DRAWINGS, ARTWORKS, GRAPHICS, PRINTS, AND ANY OTHER CONTENT TO WHICH YOU DON’T OWN ALL THE RIGHTS TO.
LicenseBy uploading Content to the Website, you grant us a royalty-free, worldwide, non-exclusive, perpetual, irrevocable, transferable, sub-licensable license to use your Content for any purpose whatsoever.
USER WARRANTIESWHEN YOU UPLOAD CONTENT TO THE WEBSITE, YOU REPRESENT AND WARRANT THAT
INDEMNITY
To the maximum extent permitted by law, you agree to indemnify, defend and hold harmless, us or our directors, officers, employees, agents, advisors, consultants, subcontractors, and assignees (collectively, our “Staff”), at your own expense and immediately after receiving written notice thereof, from and against any damages, loss, costs, and expenses, including attorney’s fees and legal expenses, resulting from any plea, claim, allegation or demand, arising from, or in connection with your use of the Website, your breach of the Terms, or the violation, or infringement of any other person’s rights in connection with Content you uploaded.
Registration and User Account
Registered users. Registered users who have signed up to the Website with a user account (“User Account”) may take advantage of order tracking and history. You must submit true, accurate, and complete details when registering. You are solely responsible and liable for all activities performed with or through your User Account. To prevent unauthorized use, keep your password confidential and do not share it with any third party.
User Account misuse. You are prohibited from selling or transferring your User Account or making it available to anyone else. You are fully accountable for any outcome that may result from your failure to provide true, accurate, and complete details in the course of registration.
Secure your account. Make sure that you change your password periodically. You may not transfer your account to any third party, in any manner whatsoever. You must maintain the confidentiality of your account login details and may not provide or disclose them to anyone else.
Pricing, Products Availability, and Taxes
Prices. Tzumi’s prices are listed in US Dollars and are exclusive of any taxes, fees, duties, and levies (the “Price”). The Price is subject to change without notice. Despite our efforts, our prices might be presented with incorrect prices and quantity or availability might be incorrectly indicated. We will correct such errors when we discover them.
Invalid orders. If you’ve ordered a Product that has been incorrectly priced, or whose quantity or availability has been incorrectly indicated on the Website, we will suspend the order, contact you, advise you of the error, and seek your further instructions in light of the correct price, quantity or availability. We are not obligated to provide you with a Product at an incorrectly indicated price that is lower than the correct price if the incorrect price is an obvious error.
You agree that if we are unable to ship the Products you ordered due to unavailability, we may decline to accept your order and cancel it by notifying you to that effect, without liability to you.
Tax. Any taxes related to the Products purchased through the Website are your own responsibility (excluding taxes based on our net income). Where taxes apply, we will use our best efforts to add them to your checkout amount and seek your confirmation of the total amount due, including taxes. However, we cannot guarantee the accuracy of the tax amount presented to you. If we later determine that we have under-collected taxes on your order, we reserve the right to charge you for any under-collected amount. If we later determine that we have over-collected taxes on your order, we will make our best effort to refund you for the over-collected amount.
WE AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND REPRESENTATIVES, ARE NOT AND SHALL NOT BE LIABLE TO YOU FOR ANY HARM, LOSS, EXPENSE, OR OTHER DAMAGES YOU MAY INCUR AS A RESULT OF OUR ERROR IN CALCULATING THE TAXES OWED FOR PRODUCTS YOU PURCHASED, IN EXCESS OF THE DIFFERENCE BETWEEN THE CALCULATED TAXES AND THE CORRECT TAX AMOUNT.
Payment Options
Payment methods. We accept payments through PayPal and credit cards supported by PayPal. If we are unable to process your payment, we reserve the right to cancel your order, with an email notification to you.
We may, from time to time, and without specific notice to you, add additional payment methods to the then-current payment methods, or cease to use previously supported payment methods. Payment methods are processed and handled through relevant third parties, such as PayPal. Payment methods are therefore subject not only to these Terms but also to the terms and conditions of these third parties pursuant to your contractual relations with them. You acknowledge that the third parties processing any of the payment methods may charge you a commission on their end of the transaction. We are not responsible for such commission, which is strictly within your contractual relations with the relevant payment method processor.
Shipping
We ship in the United States only. We will deliver the purchased Products within a reasonable time after we complete processing your purchase order, subject to their availability. Unless otherwise indicated in the checkout process, shipping charges are included in the price presented. The risk of loss and title for the Products you purchase passes to you upon delivery of the item to the carrier.
Tzumi’s website (“Website”) is owned and operated by Tzumi Electronics LLC, a New York corporation (the “Company”, “we”, “our”) d/b/a Tzumi. Our address is at 16 East 34th Street, New York, NY 10016.
Please carefully read the following terms and conditions of use and sale (the “Terms”), which constitute a binding agreement between you and the Company and define your rights and responsibilities regarding purchases made through the Website.
By accessing or using the Website or purchasing our Products offered for sale on the Website, you signify your acceptance of these Terms.
If you do not agree to these Terms, you may not access the Website or use it in any manner.
About the Website
Informative content on the Website.The Website provides content and information about Tzumi and its unique Products (the “Products” or “Tzumi“). The Website’s content is presented for informative purposes only. Some sections of the Website allow you to submit your contact details, in order to request support or receive further information and updates regarding the Product.
Ordering Products. The Website might also allow users to customize their product (such as phone grip) and receive a lifetime replacement warranty, excluding the cost of shipping, from the Company.
Images that you upload. When customizing your own product, you must use only your own original and lawful content. You can’t use copyright-protected photographs, drawings, artworks, graphics, prints, and any other content (collectively “Content“) that you don’t own the rights to.
THAT MEANS YOU CAN’T UPLOAD COPYRIGHT-PROTECTED PHOTOGRAPHS, DRAWINGS, ARTWORKS, GRAPHICS, PRINTS, AND ANY OTHER CONTENT TO WHICH YOU DON’T OWN ALL THE RIGHTS TO.
LicenseBy uploading Content to the Website, you grant us a royalty-free, worldwide, non-exclusive, perpetual, irrevocable, transferable, sub-licensable license to use your Content for any purpose whatsoever.
USER WARRANTIESWHEN YOU UPLOAD CONTENT TO THE WEBSITE, YOU REPRESENT AND WARRANT THAT
- THE CONTENT IS EXCLUSIVELY YOUR OWN ORIGINAL CREATION AND NO PART OF IT HAS BEEN COPIED FROM ELSEWHERE;
- YOU ARE THE RIGHTFUL OWNER OF ALL RIGHTS TO SUCH CONTENT OR CAN DEMONSTRATE THAT YOU ARE LAWFULLY LICENSED BY ALL THE RIGHTFUL OWNERS OF ALL INTELLECTUAL-PROPERTY PROTECTED ELEMENTS (INCLUDING TRADEMARKS, COPYRIGHTED WORKS, AND DESIGNS) WHICH ARE DEPICTED, SHOWN, OR INCORPORATED IN THE CONTENT;
- YOU ARE LAWFULLY ENTITLED TO GRANT US THE LICENSES OR RIGHTS (AS THE CASE MAY BE) IN AND TO SUCH CONTENT, IN ORDER TO CUSTOMIZE PRODUCTS, AND SOLELY FOR THAT PURPOSE;
INDEMNITY
To the maximum extent permitted by law, you agree to indemnify, defend and hold harmless, us or our directors, officers, employees, agents, advisors, consultants, subcontractors, and assignees (collectively, our “Staff”), at your own expense and immediately after receiving written notice thereof, from and against any damages, loss, costs, and expenses, including attorney’s fees and legal expenses, resulting from any plea, claim, allegation or demand, arising from, or in connection with your use of the Website, your breach of the Terms, or the violation, or infringement of any other person’s rights in connection with Content you uploaded.
Registration and User Account
Registered users. Registered users who have signed up to the Website with a user account (“User Account”) may take advantage of order tracking and history. You must submit true, accurate, and complete details when registering. You are solely responsible and liable for all activities performed with or through your User Account. To prevent unauthorized use, keep your password confidential and do not share it with any third party.
User Account misuse. You are prohibited from selling or transferring your User Account or making it available to anyone else. You are fully accountable for any outcome that may result from your failure to provide true, accurate, and complete details in the course of registration.
Secure your account. Make sure that you change your password periodically. You may not transfer your account to any third party, in any manner whatsoever. You must maintain the confidentiality of your account login details and may not provide or disclose them to anyone else.
Pricing, Products Availability, and Taxes
Prices. Tzumi’s prices are listed in US Dollars and are exclusive of any taxes, fees, duties, and levies (the “Price”). The Price is subject to change without notice. Despite our efforts, our prices might be presented with incorrect prices and quantity or availability might be incorrectly indicated. We will correct such errors when we discover them.
Invalid orders. If you’ve ordered a Product that has been incorrectly priced, or whose quantity or availability has been incorrectly indicated on the Website, we will suspend the order, contact you, advise you of the error, and seek your further instructions in light of the correct price, quantity or availability. We are not obligated to provide you with a Product at an incorrectly indicated price that is lower than the correct price if the incorrect price is an obvious error.
You agree that if we are unable to ship the Products you ordered due to unavailability, we may decline to accept your order and cancel it by notifying you to that effect, without liability to you.
Tax. Any taxes related to the Products purchased through the Website are your own responsibility (excluding taxes based on our net income). Where taxes apply, we will use our best efforts to add them to your checkout amount and seek your confirmation of the total amount due, including taxes. However, we cannot guarantee the accuracy of the tax amount presented to you. If we later determine that we have under-collected taxes on your order, we reserve the right to charge you for any under-collected amount. If we later determine that we have over-collected taxes on your order, we will make our best effort to refund you for the over-collected amount.
WE AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND REPRESENTATIVES, ARE NOT AND SHALL NOT BE LIABLE TO YOU FOR ANY HARM, LOSS, EXPENSE, OR OTHER DAMAGES YOU MAY INCUR AS A RESULT OF OUR ERROR IN CALCULATING THE TAXES OWED FOR PRODUCTS YOU PURCHASED, IN EXCESS OF THE DIFFERENCE BETWEEN THE CALCULATED TAXES AND THE CORRECT TAX AMOUNT.
Payment Options
Payment methods. We accept payments through PayPal and credit cards supported by PayPal. If we are unable to process your payment, we reserve the right to cancel your order, with an email notification to you.
We may, from time to time, and without specific notice to you, add additional payment methods to the then-current payment methods, or cease to use previously supported payment methods. Payment methods are processed and handled through relevant third parties, such as PayPal. Payment methods are therefore subject not only to these Terms but also to the terms and conditions of these third parties pursuant to your contractual relations with them. You acknowledge that the third parties processing any of the payment methods may charge you a commission on their end of the transaction. We are not responsible for such commission, which is strictly within your contractual relations with the relevant payment method processor.
Shipping
We ship in the United States only. We will deliver the purchased Products within a reasonable time after we complete processing your purchase order, subject to their availability. Unless otherwise indicated in the checkout process, shipping charges are included in the price presented. The risk of loss and title for the Products you purchase passes to you upon delivery of the item to the carrier.
In short…The following key points of this User Agreement are only brought for Your convenience. These key points do not substitute the full User Agreement.
- The Service is owned and operated by Tzumi Electronics LLC d/b/a TZUMI.
- Acceptable use.The Terms define the acceptable use of the Service and the actions you should avoid while using the Website.
- Age restriction.The Service is intended and permitted for useonly by individuals 18 years of age or older.
- Account termination.We may temporarily or permanently deny, limit, suspend, or terminate your User account.
- Privacy.We respect your privacy, as further explained in our Privacy Policy.
- Intellectual property. All rights, title, and interest in and to the Service, including all intellectual property rights, are owned by – or licensed to us.
- Availability. The Company does not warrant or guarantee that the Service will operate without disruption, errors, or interruptions, or that it will be accessible, or available at all times, or immune from unauthorized access or error-free.
- Disclaimer of warranty. The Website, the Content, and the Products are provided for use as is. We disclaim all warranties and representations, either express or implied, with respect to the Website.
- Limitation of liability.The liability of the Company, including anyone on its behalf, is limited with respect to any damage or loss, arising from, or in connection with the use of, or the inability to use the Website.
- Law & jurisdiction.Use of the Service is governed by the laws of the State of New York, USA. Most disputes between us will be decided in arbitration. You can opt out of arbitration under the terms outlined below, in which case disputes will be decided in court.