Revised: January 31, 2022
Effective: February 28, 2022
THESE TERMS AND CONDITION OF USE DO NOT CONSTITUTE MEDICAL ADVICE AND IS NOT INTENDED TO DIAGNOSE ANY MEDICAL CONDITION OR TO REPLACE YOUR HEALTHCARE PROFESSIONAL. CONSULT WITH YOUR HEALTHCARE PROFESSIONAL TO DESIGN AN APPROPRIATE EXERCISE PRESCRIPTION OR BEFORE BEGINNING ANY SUPPLEMENT, NUTRITION OR EXERCISE PROGRAM AND/OR IF YOU ARE TAKING ANY OVER-THE-COUNTER OR PRESCRIPTION MEDICATIONS.
dotFIT, LLC (“DOTFIT”, “we” or “our”) is the sponsor of the website, online platform, mobile application and associated services at dotfit.com (collectively, the “Website”) for consumers and fitness professionals to purchase fitness and nutritional products (“Products”) and to subscribe to nutritional and educational programs to achieve and maintain a healthier lifestyle. dotFIT provides the Website subject to these Terms and Conditions of Use (the “Terms and Conditions”) and constitute our Service Agreement with you. If you do not agree to be bound by all of these Terms and Conditions, please do not use or access this Website. dotFIT reserves the right to refuse or cancel your account and subscription. We also reserve the right to cancel and delete your account should you violate any provision of these Terms and Conditions or any other posted policy on the Website.
The contents of this Website, including the text, graphics, images, and information obtained from dotFIT's third-party content providers, sponsors, suppliers, and licensors (collectively "Providers"), and any other materials are to be used for informational purposes only.
PARENTAL OR GUARDIAN PERMISSION.
You must be 18 years or older to purchase any product or service offered on or through the Website. Some of the content on the Website may not be appropriate for children. CHILDREN UNDER THE AGE OF 13 ARE NOT PERMITTED TO USE THE WEBSITE. We strongly recommend that children between the ages of 13 and 18 ask for their parent's or guardian's permission before accessing the Website.
PRIVACY.
dotFIT’s use of personal information that you may submit to through the Website is governed by the dotFIT Privacy Policy, which is posted for your review separately on this Website at: https://www.dotfit.com/privacypolicy
COMMUNICATIONS.
When you visit the Website or send emails to us, you are communicating with us electronically. You consent to receive communications (including legal notices) from us electronically. We will communicate with you by email that you provide to us or by prominently posting notices on the Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. In addition, dotFIT may deliver communications (including legal notices) to you at the street address provided in your dotFIT account.
LICENSE AND SITE ACCESS.
dotFIT grants you a limited license to access and make personal use of the Website and you may not download (other than page caching) or modify it, or any portion of it, without the express written consent of dotFIT. This license does not include any resale or commercial use of the Website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Website or its contents; or any use of data mining, robots, or similar data gathering and extraction tools. The Website or any portion thereof may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose without express written consent of dotFIT. You may not frame or utilize any framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of dotFIT without our express written consent. You may not use any metatags or any other hidden text utilizing dotFIT's name or trademarks without the express written consent of dotFIT. Any unauthorized use terminates the permission or license granted by dotFIT. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the Website so long as the link does not portray dotFIT, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive manner. You may not use any dotFIT logo or other proprietary graphic or trademark as part of the link without express written permission.
YOUR ACCOUNT.
To subscribe to certain programs, you will need to create an account to access and use the 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. dotFIT and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion. Accounts are non-transferable. You agree to (a) maintain all equipment necessary for your access to and use of the Website; (b) maintain the security of your user identification, password, Personal Information (as defined in our Privacy Policy), and any other confidential information relating to your dotFIT account; (c) take responsibility for all charges resulting from use of your dotFIT account, including unauthorized use prior to your notifying dotFIT of such unauthorized use and taking the legal steps to prevent its further occurrence by contacting us to change your password; and (d) update your Personal Information (as defined in our Privacy Policy), including email address, as appropriate.
If you have a monthly, quarterly, or annual subscription, you may cancel it at any time by logging into dotFIT.com. Enter your username and password, click on “My Account,” click on “Orders & Subscriptions,” and clicking CANCEL under your subscription. Pre-paid subscriptions cannot be canceled. Subscriptions are not eligible for returns, refunds or exchanges. Please view our complete Return Policy here: www.dotfit.com/returns.
ORDERS.
These Terms and Conditions shall govern any order you make through the Site for Products (such order, an “Order”). dotFIT only ships currently to addresses in the United States and Canada. When you place an Order, we will confirm your address by sending an email to the email address you have provided and/or calling you to verify your Order. Your placement of an Order through our Website is an offer to purchase the Product(s) ordered and we may accept your Order by processing your payment and shipping the Product(s). Your receipt of an electronic or other form of Order confirmation does not signify our acceptance of your Order, nor does it constitute confirmation of our offer to sell. For any reason, we may decline to accept your Order or any part of your Order. No Order will be considered accepted by dotFIT until the Product(s) has been shipped. If some of Products in your Order are temporarily out of stock, we will ship the available Products only and notify you of any Products that cannot be fulfilled. If we decline to accept your Order, we will attempt to notify you at the email address you provided.
We further reserve the right any time after receipt of your Order, without prior notice to you, to supply less than the quantity you ordered of any item. Your Order will be deemed accepted by us upon our delivery of the Products that you have ordered. We may require additional verifications or information before accepting any Order.
All Products shall be deemed accepted by you upon shipment, and title to, and risk of loss of, the Products passes to you when we provide the Product(s) to a common carrier. All sales of Products are subject to our then-current return policies, as posted on the Website. Any estimated shipping date provided by us is based on Product availability and payment processing time and does not include transit time.
PAYMENT.
To pay for an Order, you will need to provide us with the information necessary to process an Order from you, including your shipping address and the billing information requested on the Website to pay for such Order. You may pay for your Order via credit card or any other manner then available on the Website. By submitting your payment information to us, you authorize us to charge the applicable payment method at our convenience but within thirty (30) days of credit card authorization. You represent that you will not use any credit card or other form of payment unless you have all necessary authorization to do so. We assume that because Orders require a valid credit card, only persons aged 18 or over are placing Orders and providing us with the information requested during the Order process. We shall not be liable in the event your children or others acting with or without your permission use your credit card or other means of payment to make purchases on the Site (and to the extent your minor children make any such purchases, you hereby represent and warrant that they are authorized to do so); however, you may report any unauthorized use to us, and we will use reasonable measures within our control to help prevent future unauthorized use of your card.
PRICING AND PRODUCTS.
We make efforts to display our Products and their colors as accurately as possible. However, the displayed colors of the Products may depend on your monitor and we cannot guarantee that your monitor will accurately portray the actual colors of the Products. Products displayed may be out-of-stock or discontinued, and prices are subject to change. We cannot confirm the price of an item until you place an Order. Despite our best efforts, a small number of the items on our Website may be mispriced. We are not responsible for typographical errors regarding price or any other matter. All prices do not include shipping and handling or sales taxes, if applicable, which will be added to your total purchase price. You are responsible for the payment of any shipping and handling charges and state and local sales or use taxes that may apply to your Order.
PROMOTIONAL OFFERS.
We may run promotional offers from time to time on the Website. The terms of any such promotion will be posted on the Website. Unless otherwise indicated, we may establish and modify, in our sole discretion, the terms of such offer and end such offer at any point.
PRODUCT RETURNS.
Purchases made through the Website that meet specific requirements are eligible for returns, refunds, or exchanges for 30 days from the date of purchase; this includes damaged or defective items. Please view our complete Return Policy here: www.DOTFIT.com/returns.
PROVISIONING OF OUR SERVICES.
We may change, suspend or discontinue the Website and any associated services at any time for any reason. Stated costs for subscriptions and any offered Products or services on the Website may change upon reasonable notice to the extent allowed under the law. We have no obligation to store, maintain or provide you a copy of any content or information that you or others provide, except to the extent required by applicable law, or as noted in these Terms and Conditions or our Privacy Policy.
DISCLAIMERS; LIMITATION OF LIABILITY.
Users of the Website expressly agree that use of the Website is at user's sole risk. Neither dotFIT, nor its employees or Providers, warrant that the Website will be uninterrupted or error-free; nor do they warrant or make any representation regarding the use of the information provided on the Website or the results that may be obtained from the use of the information provided on the Website, or as to the accuracy, reliability, or currency of any information, content, service, or merchandise provided through the Website. dotFIT does not endorse, recommend, or sponsor and is not affiliated with any individuals or entities listed or linked to on the Website unless that fact is expressly stated. The listing of any individual or entity does not constitute a medical referral of any kind. Users are advised to exercise their own further informed review, judgment, and evaluation in the selection of any and all medical professionals and health information.
We make no warranty that the Website, Products or services will meet your requirements, or that the Website and/or services will be uninterrupted, timely, secure, or error free; nor do we make any warranty as to the results that may be obtained from the use of the Website, Products or services, or that defects will be corrected. You understand and agree that you will be solely responsible for any damage to your computer or loss of data that results from the download of any material and/or use of any Product. No advice or information, whether oral or written, obtained by you from us through the Website or services, or otherwise will create any warranty, representation or guarantee not expressly stated in these Terms and Conditions.
THE WEBSITE, PRODUCTS AND SERVICES ARE PROVIDED BY DOTFIT ON AN "AS IS" AND "AS AVAILABLE" BASIS. DOTFIT MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS, SERVICES OR INDIVIDUALS INCLUDED OR LISTED ON THE WEBSITE. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, DOTFIT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. UNDER NO CIRCUMSTANCES SHALL DOTFIT OR PROVIDERS BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS AND BUSINESS INTERRUPTION, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, ARISING IN ANY WAY FROM ANY PRODUCT OR SERVICE SOLD OR PROVIDED ON THE WEBSITE OR THE USE OF THE INFORMATION OR THE RESULTS OF THE USE OF THE INFORMATION PROVIDED ON THE WEBSITE, EVEN IF DOTFIT IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL DOTFIT'S LIABILITY EXCEED THE PRICE YOU PAID FOR A PRODUCT OR SERVICE THAT IS THE SUBJECT OF THE CLAIM. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY DOTFIT, PROVIDERS OR THE LIKE, SHALL CREATE A WARRANTY; NOR SHALL USER RELY ON ANY SUCH INFORMATION OR ADVICE.
Under no circumstances shall dotFIT or any other party involved in creating, producing, or distributing the Website be liable for any direct, indirect, incidental, special, or consequential damages that result from the use of or inability to use the Website, including but not limited to the results from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction, or unauthorized access to the Website's records, programs, or services. User acknowledges that this paragraph shall apply to all content, merchandise, and services available through the Website. In those states that do not allow the exclusion or limitation of liability for consequential or incidental damages, liability is limited to the fullest extent permitted by law.
THIRD-PARTY CONTENT.
The Website may contain information, data, software, photographs, graphs, videos, typefaces, graphics, audio and other material (collectively "Content"). For Content supplied by users or parties other than dotFIT, dotFIT is a distributor and not a publisher. dotFIT has no more editorial control over such third-party or User Content than does a public library or newsstand. Any opinions, advice, statements, services, offers, or other information that constitutes part of Content expressed or made available by third parties and not by dotFIT are those of the respective authors or distributors and not of dotFIT. Neither dotFIT nor any third party, including any Provider, or any User of the Website, guarantees the accuracy, completeness, or usefulness of any Content, nor its merchantability or fitness for any particular purpose. In many instances, the Content available through the Website represents the opinions and judgments of the respective Provider or User not under contract with dotFIT. dotFIT neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made on the Website by anyone other than authorized dotFIT employees. Under no circumstances shall dotFIT be liable for any loss, damage or harm caused by a User's reliance on information obtained through the Website. It is the responsibility of a User to evaluate the information, opinion, advice or other Content available through the Website.
ONLINE CONDUCT.
User agrees to use the Website only for lawful purposes. Users are prohibited from posting on or transmitting through the Website any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law or regulation. If dotFIT is notified of allegedly infringing, defamatory, damaging, illegal, or offensive content provided by users, dotFIT may investigate the allegation and determine in its sole discretion whether to remove or request the removal of such content from the Website. dotFIT may disclose any content or electronic communication of any kind: (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate the Website; or (iii) to protect the rights or property of dotFIT, its users or providers. DOTFIT reserves the right to prohibit conduct, communication, or content that it deems in its sole discretion to be harmful to individual Users, the Website, or any rights of DOTFIT or any third party, or to violate any applicable law. Notwithstanding the foregoing, neither DOTFIT nor its Providers can ensure prompt removal of questionable content after online posting. Accordingly, neither DOTFIT, nor Providers shall assume liability for any action or inaction with respect to conduct, communication, or content on the Website.
PRODUCT AND/OR SERVICE FEEDBACK.
dotFIT welcomes your feedback regarding the Website. If you want to send us your feedback, and we hope you do, we simply request that you send us an email at info@dotfit.com. Please provide only specific feedback on dotFIT’s existing products or marketing strategies; do not include any ideas that dotFIT’s policy will not permit it to accept or consider. Any feedback you provide at this site shall be deemed to be non-confidential. dotFIT shall be free to use such information on an unrestricted basis.
ACCESIBILITY.
dotFIT has taken steps to ensure its Website its services are accessible to people with disabilities. For more information, see Accessibility Statement at: https://www.dotfit.com/accessibility.
LINKS TO OTHER SITES.
The Website may reference or link to third-party sites throughout the Internet. dotFIT has no control over these third-party sites or the content within them. dotFIT cannot and does not guarantee, represent or warrant that the content contained in these third-party sites is accurate, legal, or inoffensive. dotFIT does not endorse the content of any third-party site, nor do we warrant that they will not contain viruses or otherwise impact your computer. dotFIT does not assume any responsibility or liability for the actions, product, services, and content of all these and any other third parties. If you choose to link to or use a third-party website, you should carefully review such third party's privacy statement and other terms and conditions of use. By using the Website to search for or link to another third-party site, you agree and understand that you may not make any claim against dotFIT for any damages or losses, whatsoever, resulting from your use of the Website to obtain search results or to link to another site.
COPYRIGHTS.
Copyright © dotFIT, LLC 2011. All materials and contents contained in the Website (including but not limited to the text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations and software), and the Website itself, are copyrighted materials belonging exclusively to dotFIT or its content suppliers and licensors and are protected by applicable United States and international copyright law. dotFIT enforces its copyright interests to the fullest extent permitted under the law, and shall seek civil and criminal remedies where appropriate, including the remedies provided for under sections 501 et seq. of Title 17 of the U.S. Code. All rights are reserved.
COPYRIGHT INFRINGEMENT.
If you have evidence, know, or have a good faith belief that content residing on or accessible through our Website infringes a copyright which you own or for which you are a designated agent, please send a notice of infringement by email or regular mail to dotFIT’s designated Copyright Agent to receive notifications of claimed infringement by one of the following means:
dotFIT, LLC
32107 Lindero Canyon Road, Suite 233,
Westlake Village, CA 91361 USA
Attn: Copyright Agent
Email: info@dotFIT.com
In any such notice, please include sufficient information to address the items specified below:
- Identify the copyrighted work claimed to have been infringed. If multiple copyrighted works are covered by a single notification, provide a representative list of such works.
- Identify the material that is claimed to be infringing or to be the subject of infringing activity. Include information reasonably sufficient to permit Invisible Narratives to locate the material. Please provide a URL and screenshots for each item. Include the specific asset(s) or page(s) that you claim to be infringing. Say “entire work” ONLY if all assets/pages in a collection/document are infringing.
- Include details of your claim to the material, or your relationship to the material’s copyright holder.
- Provide your full name, address, and telephone number should we need to clarify your claim.
- Provide a working email address where we can contact you to confirm your claim.
- If true, include the following statement: “I have a good faith belief that use of the copyrighted materials described above as the allegedly infringing web pages is not authorized by the copyright owner, its agent, or the law.”
- If true, include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the copyright owner to make this complaint.”
- Sign the document, physically or electronically.
TRADEMARKS.
dotFIT, dotfit.com and the related logos and other marks indicated on the Website are the exclusive property and trademarks of dotFIT, LLC. dotFIT reserves all rights, including all rights applicable under the U.S. and international trademark laws, including, without limitation Section 1125 of Title 15 of the U.S. Code (Lanham Act Sec. 43). All other trademarks not owned by dotFIT 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 dotFIT.
INDEMNITY.
You agree to defend, indemnify, and hold dotFIT and its Providers harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms and Conditions.
APPLICABLE LAW; LIMITATIONS PERIOD.
The Website is created and controlled by dotFIT in the State of California. As such, the laws of the State of California will govern these disclaimers, terms and conditions, without giving effect to any principles of conflicts of laws. Users hereby and irrevocably and unconditionally consent to submit to the jurisdiction of the State of California for any litigation arising out of or relating to use of or purchase made through the Website (and agrees not to commence any litigation relating thereto except in such courts), waives any objection to the laying of venue of any such litigation in the California courts and agrees not to plead or claim in any California court that such litigation brought therein has been brought in an inconvenient forum.
YOU AND DOTFIT AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THESE TERMS AND CONDITIONS, THE PRODUCTS, THE WEBSITE OR THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
DISPUTE RESOLUTION.
If you believe that dotFIT has not adhered to these Terms and Conditions, please contact us by email at info@dotfit.com. We will do our best to address your concerns. If you feel that your complaint has been addressed incompletely, we invite you to let us know for further investigation.
ANY CLAIMS BROUGHT BY YOU OR DOTFIT MUST BE BROUGHT IN THEIR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
In any action against us arising from the use of this Website, Products or services, the prevailing party shall be entitled to recover all legal expenses incurred in connection with the action, including but not limited to its costs, both taxable and non-taxable, and reasonable attorneys’ fees.
MISCELLANEOUS.
dotFIT reserves the right to make changes to the Website, these policies, and these Terms and Conditions at any time, effective immediately upon the posting on this Website. Please check these Terms and Conditions periodically. In addition, these Terms and Conditions may be modified only by our posting of changes to these Terms and Conditions on this Website, or by signed, written agreement of both parties. Each time you access this Website, you will be deemed to have accepted any such changes.
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 terms and conditions. These Terms and Conditions are the entire agreement between you and us relating to the subject matter herein. We may assign our rights and obligations under these Terms and Conditions. These Terms and Conditions will inure to the benefit of our successors, assigns, and licensees. The failure of either party to insist upon or enforce the strict performance of the other party with respect to any provision of these Terms and Conditions or to exercise any right under the Terms and Conditions, will not be construed as a waiver or relinquishment to any extent of such party's right to assert or rely upon any such provision or right in that or any other instance; rather, the same will be and remain in full force and effect.
CONTACTING dotFIT.
You may contact us by email to i info@dotFIT.com (provide your first and last name and username; we will not open your email if it contains an attachment); by mail us at:
dotFIT, LLC
32107 Lindero Canyon Road, Ste 233
Westlake Village, CA 91361 USA
Provide your first and last name, username, and email address; or by phone at 877.436.8348.