Welcome to Fluidity.com and its related sites (the "Site"), provided by Fluidity. These Terms of Use and any amendments thereto (the "Terms") govern your use of this Site and its related domains on which this document appears. The Terms may be changed in the future without further notice. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms. These Terms apply exclusively to your access to, and use of, the Site and do not alter in any way the terms or conditions of any other agreement you may have with Fluidity for products, services, or otherwise.
Users of this Site should refer to Fluidity.com's Privacy Policy for information about how Fluidity uses and collects information. You agree that Fluidity may disclose your personal information to a third party if Fluidity believes in good faith that the law or legal process requires it, to protect the rights or property of Fluidity or others, or as otherwise described in the Privacy Policy for Fluidity.com.
For questions about the products on this Site, please use the customer service e-mail links found on each product page or section. For questions about orders placed through the Site, please use the customer service link in the e-mail receipt you receive or by visiting the online Customer Service Center.
All products on the Site carry at least a 30-day money-back guarantee (less shipping & handling) from the date of delivery from the manufacturer or distributor of the product in the event that you are not 100% satisfied with your purchase.
If you use the Site to purchase a product, payment must be received by Fluidity prior to Fluidity’s acceptance of an order, unless otherwise agreed by Fluidity. Fluidity may need to verify information you provide before Fluidity accepts an order, and may cancel or limit an order any time after it has been placed, including but not limited to the event that a product is listed at an incorrect price due to typographical or other error. If payment already has been made and your order is canceled or limited, Fluidity 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. Fluidity expressly conditions its acceptance of your order on your agreement to the Terms.
In ordering products through the Site, you agree to provide only true, accurate, current, and complete information. You hereby certify that any e-mail account you provide to Fluidity is registered to you. Fluidity shall have the right to bar your access to and use of the Site if it has reasonable grounds to believe that you have provided untrue, inaccurate, not current, or incomplete information to Fluidity. 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 the Terms. You agree that your placement of an electronic order on the Site is sufficient to satisfy the Statute of Frauds, and no further writing is required.
All prices displayed on the Site are quoted in U.S. dollars. Fluidity may prohibit delivery to addresses outside the United States and Canada. Fluidity will add shipping and handling fees and applicable sales/use tax. Fluidity reserves the right without prior notice to discontinue or change specifications and prices on products offered on the Site without incurring any obligation to you. Products displayed on this Site are available while supplies last.
Unless otherwise noted, Fluidity will use its best efforts to ship products within four weeks of the receipt of a properly completed order. However, any delivery or shipment date provided by Fluidity to you is Fluidity’s' good-faith estimate. You understand that product availability may be limited and particular products may not be available for immediate delivery. Fluidity shall not be liable for any loss, damage, cost, or expense related to any delay in shipment or delivery. Fluidity cannot ship to P.O. boxes.
The terms of this section survive any termination of the Terms.
Fluidity will not be liable in any amount for failure to perform any obligation under these Terms if such failure is caused by the occurrence of any unforeseen contingency beyond its reasonable control, including without limitation Internet outages, communications outages, fire, flood, or war.
The terms of this section survive any termination of the Terms.
All Site materials, including, without limitation, the Fluidity logos, design, text, graphics, other files, and the selection and arrangement thereof (the "Content") are Copyright © 2009 FLUIDITY, ALL RIGHTS RESERVED. Fluidity or licensors own and retain other proprietary rights in all products available through the Site. Except as stated herein, none of the Content may be copied, modified, reproduced, distributed, republished, downloaded, performed, displayed, posted, transmitted, sold, or made into derivative works in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of Fluidity or the respective copyright owner. Permission is granted to display, copy, and download the materials on this Site for your personal, noncommercial, and informational use only; provided that you may not, without the permission of Fluidity or the respective copyright owner, (a) copy, publish, or post any materials on any computer network or broadcast or publications media, (b) modify the materials; or (c) remove or alter any copyright or other proprietary notices contained in the materials. Such permission also does not include, without limitation: (a) any sale, resale, or commercial use of the Site, its content, or services obtained through the Site; (b) the collection and use of any product listings or descriptions; (c) making derivative uses of the Site and its contents; or (d) use of any data mining, robots, or similar data gathering and extraction methods. Except as noted in this section, you are not conveyed any right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or proprietary right of Fluidity or any third party.
Trademarks: The following are trademarks or registered trademarks of Fluidity in the United States and other countries: Fluidity, Fluidity Fitness Evolved, Now You Don’t Need to Be A Dancer to Look Like One. These trademarks may not be copied, imitated, or used, in whole or in part, without the prior written permission of Fluidity or the rights holder.
In using this Site, you agree:
- • Not to disrupt or interfere with the security of, or otherwise abuse, the Site, or any services, system resources, accounts, servers, or networks connected to or accessible through the Site or affiliated or linked sites;
- • Not to disrupt or interfere with any other user's enjoyment of the Site or affiliated or linked Web sites;
- • Not to upload, post, or otherwise transmit through or on this Site any viruses or other harmful, disruptive, or destructive files;
- • Not to use, frame, or utilize framing techniques to enclose any Fluidity trademark, logo, or other proprietary information (including the images found at the Site, the content of any text, or the layout/design of any page or form contained on a page) without Fludity's express written consent;
- • Not to use meta tags or any other "hidden text" utilizing a Fluidity name, trademark, or product name without Fluidity’s express written consent;
- • Not to deeplink to this Site without Fluidity’s express written consent;
- • Not to create or use a false identity on this Site;
- • Not to collect or store personal data about others;
- • Not to attempt to obtain unauthorized access to the Site or portions of the Site that are restricted from general access; and
- • Not to post any material that is knowingly false and/or defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, profane, sexually oriented, threatening, invasive of a person's privacy, or otherwise violative of any law. You also agree not to post any copyrighted material unless the copyright is owned by you or by Fluidity.
In addition, you agree that you will comply with all applicable local, state, national, and international laws and regulations, including but not limited to United States export restrictions, that relate to your use of or activities on this Site.
It is Fluidity’s policy to respect the copyright and intellectual property rights of others. Fluidity may remove content that appears to infringe the copyright or other intellectual property rights of others. In addition, Fluidity may terminate access by users who appear to infringe the copyright or other intellectual property rights of others.
If you believe that Fluidity or any user of our Site has infringed your copyright in any material way, please notify Fluidity, and provide the following information:
- • A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest;
- • An identification of the copyrighted work claimed to have been infringed;
- • An identification of the material that you claim is infringing so that we may locate it on the Site;
- • Your address, telephone number, and e-mail address;
- • A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- • A statement by you that the above information in your notice is accurate, made under penalty of perjury, and that you are authorized to act on behalf of the owner of the copyright interest involved.
- • Please direct inquiries regarding copyright issues by e-mail to: info@fluidity.com, or by mail to:
Fluidity
4651 Babcock Street NE, #18-415
Palm Bay, Florida 32905
You agree to indemnify and hold harmless Fluidity, its parents, subsidiaries, officers, directors, employees, agents, and suppliers from any claim, action, demand, loss, or damages (including attorneys' fees) made or incurred by any third party arising out of or relating to your use of the Site, your violation of these Terms, or your violation of any rights of a third party.
The terms of this section survive any termination of the Terms.
The information contained within press releases issued by Fluidity should not be deemed accurate or current except as of the date the release was posted. Fluidity has no intention of updating, and specifically disclaims any duty to update, the information in the press releases. To the extent any information therein is forward-looking, it is intended to fit within the safe harbor for forward-looking statements, and is subject to material risk.
Fluidity may, in its sole discretion, terminate, change, modify, suspend, make improvements to, or discontinue any aspect of the Site or any products available through the Site, temporarily or permanently, including the availability of any features of the Site or access to any parts of the Site, at any time without notice to you, and you agree that Fluidity shall not be liable therefore.
This Site is controlled, operated, and administered by Fluidity from its offices within the United States of America. Fluidity makes no representation that materials on the Site are appropriate or available for use at other locations outside of the United States and access to them from territories where the contents or products available through the Site are illegal is prohibited. You may not use the Site or export the content or products in violation of U.S. export laws and regulations. If you access this Site from a location outside of the United States, you are responsible for compliance with all local laws.
These Terms shall be governed by and construed in accordance with the laws of the State of New York, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to the Terms or your use of the Site shall be filed only in the New York City Supreme Court, or the United States District Court for the Southern District of New York, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action, or proceeding arising out of the Terms.
The terms of this section survive any termination of the Terms.
Notwithstanding any of these Terms, Fluidity reserves the right, without notice and in its sole discretion, for any reason or no reason, to terminate your license to use the Site and to block or prevent future access to and use of the Site. You agree that Fluidity shall not be liable for any termination of your use of or access to the Site.
If any provision of these Terms shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
The terms of this section survive any termination of the Terms.
It is the express wish of the parties that the Terms and all related documents have been drawn up in English.
The Terms constitute the entire agreement between Fluidity and you with respect to your use of the Site. Any cause of action you may have with respect to the Site must be commenced within one (1) year after the claim or cause of action arises, notwithstanding any statutes of limitation to the contrary. Any failure by Fluidity to enforce or exercise any provision of the Terms or related right shall not constitute a waiver of that right or provision. The section titles used in the Terms are purely for convenience and carry with them no legal or contractual effect.
Nothing in these Terms will be construed as creating a joint venture, partnership, employment, or agency relationship between you and Fluidity, and you do not have any authority to create any obligation or make any representation on Fluidity's behalf. You may not assign this agreement, by operation of law or otherwise, without Fluidity' written consent. Subject to the foregoing, these Terms will be binding on, inure to the benefit of, and be enforceable against you and Fluidity and their respective successors and assigns.
The terms of this section survive any termination of the Terms.