Terms & Conditions + Warranty Information

Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the http://www.buyandsellfitness.com or www.orlandogymequipment.com website (the "Service") operated by Buy And Sell Fitness, LLC. ("us", "we", or "our").

Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service.

Purchases

If you wish to purchase any product or service made available through the Service ("Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.

You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.

The service may employ the use of third party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.

We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.

We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.

Availability, Errors and Inaccuracies

We are constantly updating product and service offerings on the Service. We may experience delays in updating information on the Service and in our advertising on other web sites. The information found on the Service may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Service and we cannot guarantee the accuracy or completeness of any information found on the Service.

We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

Contests, Sweepstakes and Promotions

Any contests, sweepstakes or other promotions (collectively, "Promotions") made available through the Service may be governed by rules that are separate from these Terms & Conditions. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms and Conditions, the Promotion rules will apply.

Accounts

When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.

Copyright Policy

We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Service infringes on the copyright or other intellectual property rights ("Infringement") of any person or entity.

If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to info@buyandsellfitness.com with the subject line: "Copyright Infringement" and include in your claim a detailed description of the alleged Infringement as detailed below, under "DMCA Notice and Procedure for Copyright Infringement Claims"

accountable for damages (including costs and attorneys' fees) for misrepresentation or bad You may be held -faith claims on the infringement of any Content found on and/or through the Service on your copyright.

DMCA Notice and Procedure for Copyright Infringement Claims

You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright's interest;
a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
identification of the URL or other specific location on the Service where the material that you claim is infringing is located;
your address, telephone number, and email address;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
You can contact our Copyright Agent via email at info@buyandsellfitness.com

Intellectual Property

The Service and its original content, features and functionality are and will remain the exclusive property of Buy And Sell Fitness, LLC. and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Buy And Sell Fitness, LLC

Links To Other Web Sites

Our Service may contain links to third party web sites or services that are not owned or controlled by Buy And Sell Fitness, LLC

Buy And Sell Fitness, LLC has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

You acknowledge and agree that Buy And Sell Fitness, LLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.

Termination

We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.

If you wish to terminate your account, you may simply discontinue using the Service.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Indemnification

You agree to defend, indemnify and hold harmless Buy And Sell Fitness, LLC and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password, or b) a breach of these Terms.

Limitation Of Liability

In no event shall Buy And Sell Fitness, LLC, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

Buy And Sell Fitness, LLC its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

Governing Law

These Terms shall be governed and construed in accordance with the laws of Florida, United States, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 60 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

Contact Us

If you have any questions about these Terms, please contact us.

 

Info@buyandsellfitness.com

(800) 900 -0526

Buy And Sell Fitness LLC

1155 Charles St #165

Longwood, FL 32750

Warranty Information
• Buy & Sell Fitness, LLC hereby provides Customer a complimentary 30 days Labor and 90 Days Parts warranty unless otherwise noted. The warranty shall commence on the date Buy & Sell Fitness, LLC. ships the Equipment to Customer. This limited warranty does not cover normal wear and tear of the Equipment( ex: belts, decks). All damage during shipping must be reported with an emailed picture within 24 hours of delivery.

• All warranty issues are at the discretion and authorization of Buy and Sell Fitness, LLC. Buy & Sell Fitness, LLC has the first right to rectify any problem with customer before determining if a certified technician will be used. Any technicians are to be certified and authorized by Buy & Sell Fitness, LLC only. Equipment must be located within a 100 mile radius of an authorized and certified technician. Any parts shipped for a warranty issue are paid for by Buy & Sell Fitness, LLC and shipping on all parts returned to Buy & Sell Fitness, LLC are paid for by Buy & Sell Fitness, LLC, unless otherwise stated. Returns are at the discretion of Buy & Sell Fitness and the Buyer is responsible for return shipping. Buy & Sell Fitness must be given the opportunity to remedy any warranty issues. Equipment that has been taken apart by customer without expressed written consent from Buy & Sell Fitness will result in voiding of warranty

• “Normal wear” parts are also the responsibility of the customer. Warranty excludes normal wear parts, such as belts, wax, etc., and normal wear parts are susceptible to “Regular Routine Maintenance.” All consoles, grips, pads, belts, upholstery are considered normal wear and tear items and are not covered. Proof of maintenance by a certified technician during the warranty period is required. Failure to have recorded routine maintenance by a certified technician (once per 3 Months in a commercial setting | Once per 12 Months for residential customers with extended warranty) Will VOID the warranty including extended warranty Touch Screen Consoles are not included as part of warranty. This is considered a wear & tear item. Cardio equipment runs on different types of voltages and amperages. If it is determined that the your facility has incorrect electrical connections, circuits, amperage to operate your items and this causes errors or product failures, this will void the warranty. Some products, i.e. treadmills, require a dedicated circuit. Batteries are excluded from warranties. It is the customer’s responsibility to make sure the proper voltages and amperages are used for proper operation.If you need assistance finding a service provider please contact us. For International customers – labor is not covered. Parts are supplied at the discretion of Buy & Sell Fitness and can be shipped to a freight forwarder in the United States unless otherwise noted.. Shipping to final destination is the responsibility of customer.

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