Terms of Service

Ownership of Site; Agreement to Terms and Conditions

These Terms of Use (these "Terms and Conditions") apply to the BYB Fitness web site located at www.BYBFitnessFL.com, and all associated sites linked to www.BYBFitnessFL.com by BYB Fitness (collectively, this "Web site"). This Web site is the property of BYB Fitness. BY USING THIS WEB SITE, YOU AGREE TO THESE TERMS AND CONDITIONS; IF YOU DO NOT AGREE, DO NOT USE THIS WEB SITE.

Legal Notice

All notices from BYB Fitness to You may be posted on this Web site and will be deemed delivered within thirty (30) days after posting. Notices from You to BYB Fitness shall be sent electronically via email to: [email protected]. Delivery shall be deemed to have been made by You to BYB Fitness 24 hours after the date sent.

Copyright Notice

All content appearing on this Web site is the property of BYB Fitness.
Copyright © 2022 BYB Fitness. All rights reserved. As a user, You are authorized only to view, copy, print, and distribute documents on this Web site so long as (1) the document is used for informational purposes only, and (2) any copy of the document (or portion thereof) includes the following copyright notice: Copyright © 2022 BYB Fitness. All rights reserved.

Trademarks

All brand, product, service, and process names appearing on this Web site are trademarks of their respective holders. Reference to or use of a product, service, or process does not imply recommendation, approval, affiliation, or sponsorship of that product, service, or process by BYB Fitness. Nothing contained herein shall be construed as conferring by implication, estoppel, or otherwise any license or right under any patent, copyright, trademark, or other intellectual property right of BYB Fitness or any third party, except as expressly granted herein.

Terms of Use

This Web site may contain other proprietary notices and copyright information, the terms of which must be observed and followed. Information on this Web site may contain technical inaccuracies or typographical errors. Information, including product pricing and availability, may be changed, or updated without notice. BYB Fitness reserves the right to refuse service, terminate accounts, and/or cancel orders in its discretion, including, without limitation, if BYB Fitness believes that your conduct violates applicable law or is harmful to the interests of BYB Fitness, its customers and interested parties or other Web site users.

Privacy Policy

This Privacy Policy describes how your data is collected, used, and shared when You purchase a product or service, contact BYB Fitness, or otherwise use BYB Fitness services or this Web site. This Privacy Policy DOES NOT apply to the practices of third parties that BYB Fitness does not own or control.

To subscribe to this Web site and/or order a product or service from BYB Fitness on this Web site, You may be required to provide certain information, such as your name, email address, postal address, payment information, and the details of the service or product that You are ordering. You may also choose to provide additional personal information when You contact BYB Fitness directly. Your information will only be used as needed to provide services, [to conduct business administration, to perform statistical analysis, to market BYB Fitness products or services to fulfill your order, to settle disputes, to provide customer support or otherwise when You have provided your affirmative consent, which You may revoke at any time. Your information may also be needed to comply with a legal or regulatory obligation or court order or in connection with a legal claim, such as retaining information about your purchases if required by tax law.

Be assured that your information is important to BYB Fitness. BYB Fitness will only share your personal information with third parties for limited reasons and in limited circumstances, as follows:

Service providers. Your information will be shared with certain trusted third parties to perform functions and provide services to BYB Fitness, such as delivery companies. Your information will only be shared to the extent necessary to perform these services.

Business transfers. If BYB Fitness is sold or merges with another company, BYB Fitness may disclose your information as part of that transaction, only to the extent permitted by law.

Compliance with laws. BYB Fitness may collect, use, retain, and share your information if there is a good faith belief that it is reasonably necessary to: (1) respond to a legal process or to government or regulatory requests; (2) enforce BYB Fitness’s agreements, terms and policies; (3) prevent, investigate, and address fraud and other illegal activity, security, or technical issues; or (4) protect the rights, property, and safety of BYB Fitness’s customers or others.

Data Retention

BYB Fitness may retain your personal information only for as long as it deems necessary to provide You with services and as it deems necessary for the purposes described in BYB Fitness’s Privacy Policy. However, BYB Fitness will also retain this information as long as it deems necessary to comply with BYB Fitness’s legal and regulatory obligations, to resolve disputes, and to enforce agreements.

Shipping and Delivery

At this time, BYB Fitness ships products to locations within the United States and U.S. territories, including Alaska, Hawaii, Puerto Rico, Guam, and the U.S. Virgin Islands. Additionally, BYB Fitness ships products to Canada and Mexico, but not to other international locations. The risk of loss and title for all products ordered on this Web site passes to You when the product is delivered to the shipping carrier.

International

Customs and import duties may be applied to International orders when the shipment reaches its destination. Such charges are the responsibility of the recipient of your order and vary from country to country. Contact your local customs office for details.

Shipping laws are different in each country. It is your responsibility to check with your customs office to verify whether the country to which You are shipping permits the shipment of your products. BYB Fitness is not responsible for any direct, indirect, punitive, or consequential damages that arise from improper international shipping practices.

Sales Tax

BYB Fitness charges sales tax for merchandise ordered on this Web site based on the applicable state sales tax rate and the location to which the order is being shipped.

Warrantiee

The content included in this Web site (the “Content”) has been compiled from a variety of sources and is subject to change without notice as are any products, programs, offerings, or technical information described in this Web site. BYB Fitness makes no representation or warranty whatsoever regarding the completeness, quality, or adequacy of the Web site or the Content, or the suitability, functionality, or operation of this Web site or the Content. By using this Web site, You assume the risk that the Content may be inaccurate, incomplete, offensive, or may not meet your needs or requirements. Your sole remedy against BYB Fitness for dissatisfaction with the Web site or any Content is to stop using the Web site or any such Content. This limitation of relief is a part of the bargain between the parties.

BYB FITNESS SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT WITH RESPECT TO ITS SERVICES OR PRODUCTS, THIS WEB SITE AND THE CONTENT. IN NO EVENT WILL BYB FITNESS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES EVEN IF BYB FITNESS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

If, notwithstanding the other provisions of these Terms and Conditions, BYB Fitness is found to be liable to You for any damage or loss which arises out of or is in any way connected with your use of this Web site or any Content, BYB Fitness’s liability shall in no event exceed the greater of (1) the total of any fees with respect to any service or product of or on the Web site paid in the month prior to the date of the initial claim made against BYB Fitness, or (2) US $100.00. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to You.

You agree to indemnify and hold BYB Fitness, its officers, directors, shareholders, successors in interest, employees, agents, and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against BYB Fitness by any third party due to or arising out of or in connection with your use of the Web site.

If BYB Fitness does take any legal action against you as a result of your violation of these Terms and Conditions, BYB Fitness will be entitled to recover from You, and You agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to BYB Fitness. You agree that BYB Fitness will not be liable to You or to any third party for termination of your access to the Web site as a result of any violation of these Terms and Conditions.

-- OR Depending on State

The information and content on this Web site is provided "as is" with no warranty of any kind, either express or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Any warranty that is provided in connection with any of the products or services described on this Web site is provided by the advertiser or manufacturer only, and not by BYB Fitness.

The references and descriptions of products or services within the Web site materials are provided "as is" without any warranty of any kind, either express or implied. BYB Fitness is not liable for any damages, including any consequential damages, of any kind that may result to You from the use of the materials on this Web site or of any of the products or services described hereon.

The descriptions of, and references to, non-BYB Fitness products, services and companies on this Web site are the sole responsibility of the companies providing the information ("advertisers"), and not BYB Fitness. The inclusion of material from advertisers on this Web site does not imply any endorsement by BYB Fitness, which makes no warranty of any kind with respect to the subject matter of such Web site materials advertised.

A possibility exists that the server materials could include inaccuracies or errors. Additionally, a possibility exists that unauthorized additions, deletions, and alterations could be made by third parties to the materials on this Web site. Although BYB Fitness tries to ensure the integrity and the accurateness of the materials on this Web site, it makes no guarantees about their correctness or accuracy. Before relying on any representation made in any of the materials on this Web site, check with the advertiser of the product or service to ensure that the information You are relying upon is correct.

Return Policy

You may purchase services, products, or merchandise from this Web site by using any one of the payment options listed on the Merchandise page. BYB Fitness reserves the right to change its payment procedures at any time without prior notice to You. BYB Fitness does not accept returns or exchanges for any digital downloads or apparel

Miscellaneous

VOID WHERE PROHIBITED: Although the information on this Web site is accessible worldwide, not all products or services discussed in this Web site are available to all persons or in all geographic locations or jurisdictions. BYB Fitness and the advertisers each reserve the right to limit the provision of their products or services to any person, geographic area, or jurisdiction they so desire and to limit the quantities of any products or services that they provide. Any offer for any product or service made in the materials on this Web site is void where prohibited.

GOVERNING LAW: In the event of litigation both parties agree that the law of the State of Florida shall apply and both parties shall consent to the jurisdiction of the state and federal courts located in Duval County, Florida. Both parties expressly waive a trial by jury.

MISCELLANEOUS: The Terms and Conditions constitute the entire agreement between You and BYB Fitness with respect to this Web site. The Terms and Conditions supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written between You and BYB Fitness with respect to this Web site. No modification of the Terms and Conditions shall be effective unless it is authorized by BYB Fitness. If any provision of the Terms and Conditions is found to be contrary to law, then such provision(s) shall be constructed in a manner to closely reflect, as much as possible, the intentions of the parties, with the other provisions remaining in full force and effect.