This Fitness Equipment Purchase Agreement (“Agreement”) is entered into between Turtlepond Holdings, LLC, a Vermont limited liability company doing business as LeanLifters (“LeanLifters” or “We”) and you (“You”).  By placing this order online You are also agreeing to the Terms of Use of the website.

 

Exercise Disclaimer

Because physical exercise can be strenuous and subject to risk of serious injury, always consult a qualified medical professional before beginning any nutritional or exercise program, or using any equipment from LeanLifters or our suppliers. The information contained on the LeanLifters websites is not intended to be a substitute for professional medical advice, diagnosis or treatment of any disease or illness. Always seek the advice of Your physician or other qualified health provider with any questions You may have regarding any medical condition. Never disregard professional medical advice or delay in seeking it because of something You have read on LeanLifters. Any content, information and/or exercise equipment provided by LeanLifters, is for informational and educational purposes only and any use is solely at Your own risk.

Products promoted, manufactured and/or sold by LeanLifters are not toys and should only be used under the direction, and in the presence, of a knowledgeable adult. There is always the potential for serious injury. Minors should only use products sold and/or promoted by LeanLifters under the direct supervision of a qualified adult.

You should be aware of manufacturer’s instructions, warnings, and maintenance procedures for each piece of equipment before use. Any questions should be directed to the manufacturer prior to use. Before use, users shall determine the suitability of the product for their intended use, and users assume all risk and liability whatsoever in connection therewith.

Warranty Disclaimer

 

The Site and the materials and products on the Site are provided “as is” and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, LeanLifters and its suppliers disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. LeanLifters does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. LeanLifters does not make any warranties or representations regarding the correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise of the contents of the site. The risk of loss and title for items purchased by You pass to You upon our delivery of the items to the shipping carrier. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to You.

Any equipment purchased from LeanLifters is used solely at Your own risk. LeanLifters is not responsible for any injuries which may occur as a result of; (a) any information contained on LeanLifters’ website (b) use of any equipment, promoted by, purchased from or obtained through LeanLifters, and (c) any instruction, training, supervision, or dietary recommendations.

Indemnification

You agree to indemnify, defend, and hold harmless LeanLifters, its officers, directors, employees, agents, licensors and suppliers (collectively the “Service Providers”) from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from Your (a) use of the Site (b) violation of these terms of the Agreement (c) use of equipment promoted  by or acquired through LeanLifters, including use of the equipment by any third-party under Your supervision or direction (d) any activity related to Your account (including negligent or wrongful conduct) by You or any other person accessing the site using Your Internet account.

Use of any information provided by LeanLifters or equipment sold by LeanLifters is solely at Your own risk. By using this site and/or purchasing any products, You hereby agree to indemnify, save and hold harmless the Service Providers from any loss, liability, damage, injury or expense that may be incurred by You or any other person or entity due to Your use or misuse of any information contained in the Site or equipment obtained from this website or otherwise arising from Your actions, whether or not caused by the action, inaction or negligence of LeanLifters.  

 

Disclaimer and Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR THE USE OF EQUIPMENT PURCHASED FROM THE SERVICE PROVIDERS, INCLUDING, BUT NOT LIMITED TO INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL LIABILITY TO YOU FOR ANY DAMAGES (REGARDLESS OF THE FOUNDATION FOR THE ACTION) SHALL NOT EXCEED IN THE AGGREGATE THE AMOUNT OF FEES ACTUALLY PAID BY YOU TO US DURING THE ONE (1) MONTH IMMEDIATELY PRECEDING THE ACT ALLEGEDLY GIVING RISE TO OUR LIABILITY.

LeanLifters shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if LeanLifters has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to You.

Privacy Policy

Please review our Privacy Policy, which also governs Your visit to this Site, to understand our practices.

Disputes; Applicable Law

This Agreement shall be governed in all respects by the laws of the state of State of New Hampshire, without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of products from LeanLifters) shall be in the state or federal courts located in the State of New Hampshire. LeanLifters’s failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. LeanLifters may assign its rights and duties under this Agreement to any party at any time without notice to You.

If any these provisions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed several and shall not affect the validity and enforceability of any remaining provision.

You agree that our remedy at law for any actual or threatened breach of this Agreement by You would be inadequate and that We shall be entitled to specific performance or injunctive relief, or both, in addition to any damages that We may be legally entitled to recover, together with reasonable expenses of any form of dispute resolution, including, without limitation, attorneys’ fees.

No right or remedy of ours shall be exclusive of any other, whether at law or in equity, including without limitation damages injunctive relief, attorneys’ fees and expenses.

Miscellaneous

Notice

LeanLifters may deliver notice to You by means of e-mail, a general notice on the site, or by other reliable method to the address You have provided to LeanLifters.

Typographical Errors

In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information, LeanLifters reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. LeanLifters reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and Your credit card charged. If Your credit card has already been charged for the purchase and Your order is cancelled, LeanLifters shall issue a credit to Your credit card account in the amount of the incorrect price.