A.M. TOTAL BEING FITNESS TERMS OF USE, SALE AND DELIVERY
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE. By using this website or placing an order from this website, you signify your agreement to these Terms of Use, Sale and Delivery (“Terms of Use”), without limitation or qualification. If you do not agree to these Terms of Use, do not use this website or place an order. A.M. Total Being Fitness may modify these Terms of Use at anytime by posting the changes on this website.
Restrictions on Use of Site and Content
You may use the website and the information that you see or otherwise experience on the website (collectively, the “Content”) solely for your non-commercial (other than for the purchase of products through the website), personal purposes and/or to learn about our services. No right, title or interest in any Content is transferred to you, whether as a result of downloading such Content or otherwise. The website and the Content are protected by U.S. and/or foreign copyright laws, and belong to A.M. Total Being Fitness or its partners, affiliates, contributors or third parties. The copyrights in the Content are owned by A.M. Total Being Fitness or other copyright owners who have authorized their use on the website. You are prohibited from using any of the marks or logos appearing throughout the website without permission from the trademark owner, except as permitted by applicable law. You may not use, alter, copy, distribute, transmit, or derive another work from any Content obtained from the website, except as expressly permitted by the Terms of Use. A.M. Total Being Fitness reserves all legal rights and remedies available to it.
Links to Third-Party Web Sites
A.M. Total Being Fitness may provide links to websites maintained by third parties. All links to third party websites or information are provided solely as a convenience to you. If you use these links, you will leave the A.M. Total Being Fitness website and will be subject to the terms of use and privacy policy applicable to those other websites. Such links do not constitute or imply an endorsement, sponsorship, or recommendation by A.M. Total Being Fitness of the third party, the third-party website, or the information contained therein. A.M. Total Being Fitness is not responsible or liable for any such third party website or the content thereon.
Not Healthcare Advice
The products, information, services and other content provided on and through this website, including information that may be provided on the website by a healthcare or nutrition professional are provided for informational purposes only and is not intended as a substitute for advice from your physician or other health care professional or any information contained on or in any product label or packaging. You should not use the information on this website for diagnosis or treatment of any health problem or for prescription of any medication or other treatment. You should consult with a healthcare professional, and carefully read all information provided by the manufacturer of a product and on or in any product label or packaging, before using any medication or nutritional, herbal or homeopathic product, before starting any diet or exercise program, before adopting any treatment for a health problem, or if you have or suspect you might have a health problem. Each person is different, and the way you react to a particular product may be significantly different from the way other people react to such product. You should also consult your physician or health care provider regarding any interactions between any medication you are currently taking and nutritional supplements.
Product
All products displayed on the website may be available for purchase through the website. However, A.M. Total Being Fitness cannot guarantee that the specific products appearing on this website will be available through the website; availability and selection are subject to supply. All product descriptions and prices are subject to change by A.M. Total Being Fitness at any time without prior notice.
Products offered for sale on this website are not for resale. A.M. Total Being Fitness reserves the right to limit the quantity of products purchased, and to refuse or cancel any order that we believe would violate any of these Terms of Use or applicable laws.
Payment
We accept any of the following payment methods: PayPal, Mastercard, Visa, American Express, or Discover. Prices displayed on the website are quoted in US Dollars (“USD”), and are valid and effective only for products and services ordered and shipped within the United States. Prices do not include shipping and handling or sales taxes, if applicable. A.M. Total Being Fitness will charge you sales tax based on your shipping address and the sales tax rate in effect at the time your order is billed.
Shipping and Time of Delivery
The estimated shipment date on your order is based on product availability, payment processing time, and warehouse processing time. Delivery time depends on whether we have the product in stock. You will be advised of the expected delivery time at the time of ordering. You will receive notification if the product ordered is not in stock and delivery time will be extended.
Partial Delivery
All products ordered during the same transaction will be sent to you in one shipment. If the products ordered have different availability dates, and you want to receive each product as soon as it is available, you may request that we send the products separately. However, you will be responsible for the cost of shipping and handling for all deliveries.
Force Majeure
A.M. Total Being Fitness shall not be liable for any non-delivery or delayed delivery which are due either in part or in whole to circumstances not within the reasonable control of A.M. Total Being Fitness, including but not limited to, acts of God, fire, earthquake, flood, explosion, actions of the elements, war, invasion, insurrection, riot, mob violence, sabotage, inability to procure or general shortage of labor, equipment, facility, materials or supplies in the open market, failure of transportation, strikes, lock outs, actions of labor unions, condemnation, requisition, laws, governmental action or inaction, orders of government or civil or military or naval authorities, or any cause, whether similar or dissimilar to the foregoing.
In the event that there is an unexpected circumstance not within the control of A.M. Total Being Fitness as described above which last, or is assumed to last, more than sixty (60) days past the original expected delivery date, then you shall be permitted to cancel your purchase if you choose.
Refunds or Exchanges
If you are not completely satisfied with your product, A.M. Total Being Fitness will gladly exchange or refund your purchase, less any shipping or handling fees paid by you, within 30 days of the date of purchase. For online orders, the product ship date is the date of purchase. You will receive a full refund in the original form of payment for unopened items only. Perishable food items, once opened, cannot be returned for a refund.
You may bring returns in person to our studio or you may mail the product and receipt to: A.M. Total Being Fitness, Village Plaza, 23400 Michigan Ave, Suite P28, Dearborn, MI 48124. Shipping and handling charges are non-refundable. For returns via mail, you must carefully package the product, you are responsible for the cost of return shipping, and we must physically receive the return within the 30 day period. A.M. Total Being Fitness reserves the right, in its sole discretion, to reject any return that does not comply with these requirements.
Disclaimer of Warranties
A.M. TOTAL BEING FITNESS MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE WEBSITE, THE SERVICE, THE CONTENT, OR THE PRODUCTS OR SERVICES PROVIDED BY A.M. TOTAL BEING FITNESS.
A.M. TOTAL BEING FITNESS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE WEBSITE, THE SERVICE, THE CONTENT, OR THE PRODUCT FURNISHED OR TO BE FURNISHED BY A.M. TOTAL BEING FITNESS VIA THE WEBSITE OR OTHERWISE. A.M. TOTAL BEING FITNESS DOES NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT DEFECTS IN THE WEBSITE WILL BE CORRECTED. A.M. TOTAL BEING FITNESS DOES NOT WARRANT THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE CONTENT, OR THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR EXPECTATIONS, OR THAT ANY ERRORS IN THE CONTENT WILL BE CORRECTED. THE WEBSITE, THE SERVICE, AND THE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
Limitation of Liability
IN NO EVENT WILL A.M. TOTAL BEING FITNESS, ITS EMPLOYEES OR AGENTS, OR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THE WEBSITE OR ITS CONTENT, BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER INDIRECT DAMAGES ARISING OUT OF (I) THE USE OF OR INABILITY TO USE THE WEBSITE, THE SERVICE, OR THE CONTENT, (II) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE WEBSITE; (III) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE WEBSITE, THE SERVICE, AND/OR THE CONTENT, (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR (V) ANY OTHER MATTER RELATING TO THE WEBSITE, THE SERVICE, OR THE CONTENT, EVEN IF A.M. TOTAL BEING FITNESS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE WEBSITE, THE SERVICE, THE CONTENT, OR WITH THE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE.
See A.M. Total Being Fitness Privacy Policy.
User Conduct
You agree to use the website only for lawful purposes. You agree not to take any action that might compromise the security of the website, render the website inaccessible to others or otherwise cause damage to the website or the Content. You agree not to add to, subtract from, or otherwise modify the Content, or to attempt to access any Content that is not intended for you. You agree not to use the website in any manner that might interfere with the rights of third parties.
Feedback Data
Your feedback regarding our services and website is encouraged. Such information shall be deemed to be non-confidential and A.M. Total Being Fitness shall have no obligation of any kind with respect to such information. In addition, A.M. Total Being Fitness shall be free to reproduce, use, disclose, display, and distribute the information to others without limitation, and to authorize others to do the same. This paragraph is not intended to apply to any personal information about you (such as name, mailing address and e-mail address), the use of which will be governed by A.M. Total Being Fitness’s Privacy Policy.
General Provisions
A. Entire Agreement/No Waiver. These Terms of Use constitute the entire agreement of the parties with respect to the subject matter hereof. No waiver by A.M. Total Being Fitness of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
B. Correction of Errors and Inaccuracies. The Content may contain typographical errors or other errors or inaccuracies and may not be complete or current. A.M. Total Being Fitness therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update the Content at any time without prior notice.
C. Severability; Governing Law; Jurisdiction. If any part of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, it will not impact any other provision of this Agreement, all of which will remain in full force and effect. Any and all disputes relating to this Agreement, A.M. Total Being Fitness’ Privacy Policy, your use of the website or the Content are governed by, and will be interpreted in accordance with, the laws of the State of Michigan, without regard to any conflict of laws provisions. You further agree to submit to the exclusive jurisdiction of the courts of Oakland County, Michigan.