Any and all products sold by Sustainable Fitness Inc are intended for personal use only, and may not be resold, licensed, rented, or used for any commercial purposes whatsoever.
Copyright and Trademarks
All Site materials, including, without limitation, all Every Mother product logos, design, text, graphics, software, other files, and the selection and arrangement thereof (the “Content”) are Copyright © 2018 Sustainable Fitness Inc. ALL RIGHTS RESERVED. Sustainable Fitness Inc or its suppliers 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 Sustainable Fitness Inc or the respective copyright owner. You may not, without the express written permission of Sustainable Fitness Inc 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. You also may not (a) sell, resell, or make commercial use of the Site, its content, or services or products obtained through the Site; (b) collect and use of any product listings or descriptions; (c) make derivative uses of the Site or its Content; or (d) use of any data mining, robots, or similar data gathering and extraction methods. You are not conveyed any right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or other proprietary right of Sustainable Fitness Inc or any third party.
Trademarks: Together with other logos and product names described on this Site, the following includes a partial list of trademarks or registered trademarks of Sustainable Fitness Inc in the United States and other countries: Every Mother, EMbody Prepare, EMbody Reclaim, EMbody Surpass, Core Compressions. These trademarks may not be copied, imitated, or used, in whole or in part, without the prior written permission of Sustainable Fitness Inc or the rights holder. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of Sustainable Fitness Inc, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Sustainable Fitness Inc.
You agree to indemnify and hold harmless Sustainable Fitness Inc, its parents, subsidiaries, shareholders, 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 and Conditions, or your violation of any rights of a third party.
Order and Payment Information
If you use the Site or other means to purchase a product, payment must be received by Sustainable Fitness Inc prior to acceptance of an order, unless otherwise agreed by Sustainable Fitness Inc. All Sustainable Fitness Inc products are subject to sales tax, which will be applied to your order total. Sustainable Fitness Inc may need to verify information you provide before Sustainable Fitness Inc 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, Sustainable Fitness Inc 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. Sustainable Fitness Inc expressly conditions its acceptance of your order on your agreement to these Terms and Conditions.
In ordering products through the Site or otherwise, you agree to provide only true, accurate, current, and complete information. You hereby certify that any email account you provide to Sustainable Fitness Inc is registered to you. Sustainable Fitness Inc shall have the right to bar your access to and use of the Site 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 Sustainable Fitness Inc, 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 the Terms and Conditions. You agree that your placement of an electronic order on the Site is sufficient to satisfy any applicable Statute of Frauds, and no further writing is required.
Sustainable Fitness Inc may reject orders where the stated delivery address is outside the United States and Canada. Sustainable Fitness Inc will add applicable shipping and handling fees.
Sustainable Fitness Inc reserves the right without prior notice to discontinue or change specifications and prices on products offered on and outside of the Site without incurring any obligation to you.
Sustainable Fitness Inc’s descriptions of, or references to, products not owned by Sustainable Fitness Inc on and outside of the Site do not imply endorsement of that product, or constitute a warranty, by Sustainable Fitness Inc.
Unless otherwise noted, Sustainable Fitness Inc will use its best efforts to ship products within a reasonable time after receipt of your properly completed order. Although Sustainable Fitness Inc may provide delivery or shipment timeframes or dates, you understand that those are Sustainable Fitness Inc’s good-faith estimates and may be subject to change. You further understand that product availability may be limited and particular products may not be available for immediate delivery, in which case the products will be delivered when they become available. Sustainable Fitness Inc shall not be liable for any loss, damage, cost, or expense related to any delay in shipment or delivery.
The delivery time for shipments to P.O. Boxes within the United States or for shipments outside the United States, including to U.S. territories, Alaska and Hawaii, may take up to 7-21 days.
Every Mother EMbody Bands
Read all safety information before using the bands. It is the customer’s responsibility to ensure that users are aware of all warnings and precautions.
- This product contains natural rubber latex that may cause an allergic reaction, such as mild itching, skin redness or hives. If you think you are experiencing any reaction to the latex, immediately discontinue use and consult your physician or a medical professional.
- Consult with your physician or a medical professional regarding the risks involved and before engaging in any physical activity. Incorrect or excessive physical activity can result in serious injury.
- Consult with your physician or a medical professional if you experience pain or other physical problems in connection with your use of the bands.
- Prior to exercising with this equipment, please check it for damaged sections, such as frayed, cut, gouged or worn sections. If wear or damage is found, immediately stop using the equipment until the wear or damage has been properly remedied or the equipment has been replaced. NEVER use this equipment if it is not working properly. Check the bands for wear and damage on a regular basis.
- THIS EQUIPMENT IS NOT FOR USE BY CHILDREN UNDER THE AGE OF . To prevent injuries, keep this equipment out of the reach of children and pets at all times. EMbody bands are not a toy.
- If you plan to anchor the bands to a stationary object (including using the door anchor), test before using by pulling on the handles to make sure that the stationary object can support your weight and that the band is securely attached to the stationary object and door anchor when applicable.
- Do not store the bands in direct sunlight.
Returns & Guarantee
Member EMbody Bands Guarantee: Your EMbody bands are guaranteed for the life of the Every Mother [subscription] term in which you make the band purchase. Should your band break or become damaged through normal use, reach out to email@example.com and we will provide instructions on how to receive a free replacement. As we have carefully selected high-quality bands, Sustainable Fitness Inc reserves the right to monitor replacement requests and deny requests should they become abusive of the program. If you cancel your Every Mother [subscription], your guarantee will be automatically void at the end of the billing term. Bands purchased by customers without an Every Mother [subscription] are not guaranteed.
Exchanges: If you receive an item that has been damaged in transit, reach out to firstname.lastname@example.org and we will provide information on how to receive a replacement item.
Returns: All sales are final. No returns will be accepted and no refunds will be processed.
With regards to any product made available to you on a monthly (or other period) subscription as sold through the Site or otherwise (including any free trial product) (the “Product”), the default term of our agreement shall be for so long as we make the Product available to you. IF YOU HAVE PROVIDED US WITH A VALID CREDIT CARD NUMBER OR AN ALTERNATE PAYMENT METHOD, YOUR SUBSCRIPTION WILL BE AUTOMATICALLY RENEWED (AND CHARGED TO THE ACCOUNT YOU HAVE PROVIDED) FOR ANOTHER TERM AT THE EXPIRATION OF YOUR CURRENT TERM, WHENEVER LOCAL REGULATIONS ALLOW, FOR A FEE NO GREATER THAN OUR THEN-CURRENT PRICE, EXCLUDING PROMOTIONAL AND DISCOUNT PRICING.
The new term will be for the same duration as the expired term unless otherwise specified at time of renewal. This renewal will be processed (and your card charged) within 30 days prior to the expiration of the term and each period thereafter. IF YOU DO NOT DESIRE TO HAVE YOUR SUBSCRIPTION AUTOMATICALLY RENEWED, YOU MUST, PRIOR TO THE EXPIRATION OF YOUR SUBSCRIPTION TERM, INFORM US OF YOUR INTENTION NOT TO RENEW YOUR SUBSCRIPTION TO THE PRODUCT.
You must provide current, complete, and accurate information for your billing account. You are responsible for ensuring this information is correct and must promptly update all information to keep your billing account current, complete, and accurate (such as a change in billing address, credit card number, or credit card expiration date). You must promptly notify us if your credit card is cancelled (for example, for loss or theft).
We reserve the right to refuse or discontinue the supply of the Product to any user at any time at our sole discretion.
Membership cancellations take effect starting at the end of your current billing period, meaning there are no partial refunds or credits. As it relates to eligible physical goods, upon receipt of the item you wish to return, a refund will be credited to your original method of payment. Please allow three to five business days after the date of processing. The items must be unopened and still in their plastic wrap. Returns must be made within 30 days of the date of purchase. Shipping and handling is non-refundable, as are digital-only purchases.
CERTAIN WARRANTIES WITH RESPECT TO PARTICULAR PRODUCTS FOR SALE ON OR OUTSIDE THE SITE MAY BE APPLICABLE THROUGH MANUFACTURERS’ WARRANTIES, THOUGH NOT THROUGH Sustainable Fitness Inc. SEE THE WARRANTIES INCLUDED IN THE DOCUMENTATION ALONG WITH THE PRODUCTS FOR FURTHER DETAILS REGARDING WARRANTIES PROVIDED BY MANUFACTURERS OF PRODUCTS AVAILABLE THROUGH OR OUTSIDE THE SITE.
Limitations on Liability
WE EXCLUDE ALL REPRESENTATIONS, WARRANTIES, CONDITIONS, AND TERMS (WHETHER EXPRESS OR IMPLIED BY STATUTE, COMMON LAW OR OTHERWISE) TO THE FULLEST EXTENT PERMITTED BY LAW.
IN NO EVENT, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, SHALL Sustainable Fitness Inc OR ITS AFFILIATES BE LIABLE FOR ANY DAMAGES, CLAIMS, OR LOSSES INCURRED (INCLUDING WITHOUT LIMITATION COMPENSATORY, INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES), HOWEVER CAUSED, AND UNDER ANY THEORY OF LIABILITY ARISING IN CONNECTION WITH: (I) THE SITE; (II) THE USE OR INABILITY TO USE THIS SITE; (III) THE USE OF OR RELIANCE ON ANY CONTENT OR INFORMATION DISPLAYED IN OR ON THE SITE; (IV) THE PURCHASE OR USE OF ANY PRODUCTS THROUGH THE SITE OR OTHERWISE; (V) UNAUTHORIZED ACCESS TO OR ALTERATION OR LOSS OF YOUR TRANSMISSIONS OR DATA OR OTHER INFORMATION THAT IS SENT OR RECEIVED; (VI) ERRORS, SYSTEM DOWN TIME, NETWORK OR SYSTEM OUTAGES, OR FILE CORRUPTION OR SERVICE INTERRUPTIONS; OR (VII) OTHERWISE UNDER THIS AGREEMENT/TERMS AND CONDITIONS, WHETHER OR NOT REASONABLY FORESEEABLE, EVEN IF Sustainable Fitness Inc OR ITS REPRESENTATIVES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, CLAIMS, OR LOSSES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, Sustainable Fitness Inc’S LIABILITY TO YOU FOR ANY CAUSE OF ACTION OR CLAIM WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU IN THE LAST 90 DAYS TO Sustainable Fitness Inc FOR ANY PRODUCTS SUPPLIED BY Sustainable Fitness Inc THROUGH YOUR USE OF THE SITE OR OTHERWISE.
Sustainable Fitness Inc WILL NOT BE LIABLE IN ANY AMOUNT FOR FAILURE TO PERFORM ANY OBLIGATION UNDER THESE TERMS AND CONDITIONS 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.
THESE EXCLUSIONS SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAW OF THE UNITED STATES OF AMERICA. IF ANY PROVISION OF THESE DISCLAIMERS AND EXCLUSIONS SHALL BE UNLAWFUL, VOID, OR FOR ANY REASON UNENFORCEABLE THEN THAT PROVISION SHALL BE DEEMED SEVERABLE AND SHALL NOT AFFECT THE VALIDITY AND ENFORCEABILITY OF THE REMAINING PROVISIONS.
The terms of this section survive any termination of the Terms and Conditions.
This Site is controlled, operated, and administered by Sustainable Fitness Inc from its offices within the United States of America. Sustainable Fitness Inc 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.
Notwithstanding any of these Terms and Conditions, Sustainable Fitness Inc reserves the right, without notice and in its sole discretion, for any reason or no reason, to terminate your ability to use the Site and to block or prevent future access to and use of the Site. You agree that Sustainable Fitness Inc shall not be liable for any termination of your use of or access to the Site.
Only you and Sustainable Fitness Inc shall be entitled to enforce these Terms and Conditions. No third party shall be entitled to enforce any of these Terms and Conditions.
If any provision of these Terms and Conditions shall be deemed unlawful, void, or for any reason unenforceable by a court of competent jurisdiction, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions.
The terms of this section survive any termination of the Terms and Conditions.
The Terms and Conditions constitute the entire agreement between Sustainable Fitness Inc and you with respect to your use of the Site, your purchase of products and services through the site, and as applicable any products or services of Sustainable Fitness Inc. Any cause of action you may have with respect to the Site or Sustainable Fitness Inc’s products or services 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 Sustainable Fitness Inc to enforce or exercise any provision of the Terms and Conditions or related right shall not constitute a waiver of that right or provision. The section titles used in the Terms and Conditions are purely for convenience and carry with them no legal or contractual effect. Nothing in these Terms and Conditions will be construed as creating a joint venture, partnership, employment, or agency relationship between you and Sustainable Fitness Inc, and you do not have any authority to create any obligation or make any representation on Sustainable Fitness Inc’s behalf. You may not assign or transfer any rights or obligations of these Terms and Conditions, by operation of law or otherwise, without Sustainable Fitness Inc’s written consent. Subject to the foregoing, these Terms and Conditions will be binding on, inure to the benefit of, and be enforceable against you and Sustainable Fitness Inc and their respective successors and assigns.
The terms of this section survive any termination of the Terms and Conditions.
Other important terms
We may update or amend these Terms and Conditions from time to time to comply with law or to meet our changing business requirements without notice to you. Any updates or amendments will be posted on the Site. The Terms and Conditions displayed on the Web site at the time the order is accepted will apply to the order.
These Terms and Conditions supersede any other terms and conditions previously published by us and any other representations or statements made by us to you, whether oral, written, or otherwise. We may assign, transfer, or sub-contract any of our rights or obligations under these Terms and Conditions to any third party at our discretion. No delay by us in exercising any right or remedy under these Terms and Conditions shall operate as waiver of that right or remedy or shall affect our ability to subsequently exercise that right or remedy. Any waiver must be agreed by us in writing.