Last Updated: April 24, 2017
1. Welcome to Resync, LLC. Thank you for shopping at www.resync.fitness (the “Site”). We appreciate your business. Here are the legal terms that govern any order or purchase you make on the Site or by phone (“Agreement”). Resync, LLC (“Resync”) is the operator of the Site and the supplier of your order. By proceeding to place an order, you agree to be bound by this Agreement. If you do not agree to this Agreement, do not proceed with your order. Please print and retain a copy of this Agreement for your records. Please read this Agreement carefully and let us know if you have any questions or concerns.
2. Effective Date. This Agreement is effective when a purchaser or prospective purchaser (“Customer” or “you”) of Resync products clicks the “I Accept” button, below (“Effective Date”) and/or places an order with Resync for the purchase of products.
3. Customer Account. Customer shall either create an account or shall check out as a guest. Customer shall provide true, current, complete and accurate information as requested on any registration form and in connection with the purchase of products through the Site “(Products”), and to update that registration information after any information on such registration form changes. You may be asked to choose a password and/or Customer name. You are responsible for keeping that password and Customer name confidential, and for any and all activity that occurs on this Site under such password or Customer name. You agree to immediately notify Resync of any unauthorized use of your password or Customer name or any other breach of security. Customer represents and warrants that all information provided in connection with its purchase shall be valid, legally correct and complete, and that Customer is at least eighteen (18) years of age.
4. Product Prices. The price for Products is stated in U.S. dollars. The price for an order placed by you may include additional costs, such as taxes, surcharges, shipping, and handling and other fees. You are responsible for the payment of any such additional costs. The total price of the order will be displayed to you before you legally accept the order.
5. Order Placement. Credit card information will be processed by Resync or its third party merchant vendor. You will receive email notification of your order placement, confirmation, and shipping. We accept Visa, MasterCard, American Express, Discover and PayPal. When paying with credit card, you authorize Resync to charge the applicable card the amount of the order at the time your order is shipped. If your order requires more than one shipment, we will charge your card separately for each shipment. You will only pay one shipping charge regardless of how many shipments are required to complete your order. You represent and warrant that you are the cardholder of the applicable card. If your card is rejected by the card issuer, your order will not be shipped and Resync will have no obligation to fulfill your order.
6. Cancellation of Order by Resync. Resync reserves the right to cancel or refuse any order for any reason; for example(i) limitations on quantities available for purchase; (ii) inaccuracies or errors in Product or pricing information on the Site; or (iii) our inability to confirm or obtain authorization for charges to your credit card. We may also require additional verifications or information before accepting an order. Resync will contact you if all or any portion of your order is cancelled or if additional information is required to accept your order. If your order is cancelled after your credit card has been charged, we will issue a credit in the amount of the charge to your credit card.
7. Cancellation of Order by You. You can cancel your order on our Site before you have received an electronic shipping confirmation notice by sending to “email@example.com” the following information: Name, Shipping Address, Order Number, and Reason for Cancellation. However, if you have already received a shipping confirmation email, it will not be possible to cancel your order. In that case, you can return the product in accordance with our Return Policy. You may return Products, unopened, in their original packaging. You will need to pay for shipping. Upon receipt of such Products, Resync will credit your account for the purchase price.
8. Risk of Loss. In the United States, the risk of loss and title for Products pass to you upon our delivery to the carrier, such as FedEx, UPS, the U.S. Postal Service, or other third party shipper.
9. Limited Product Warranty; Exclusive Remedy; Disclaimer. Resync warrants that Products shall be new, and shall materially conform to the description at the Site for a period of one (1) year following shipment by Resync when used as set forth in the applicable documentation. During the warranty period, Resync will replace any nonconforming Product within ten (10) days after receipt of written notice of such nonconformance and Customer’s provision of any documentation of the nonconformance. Resync shall be responsible for all shipping costs associated with its remedy of nonconforming Products. In the alternative, Resync may elect to refund to Customer the price paid for the nonconforming Product. These remedies are the sole and exclusive remedy available to Customer in the event of a breach of warranty.
RESYNC EXPRESSLY DISCLAIMS, AND CUSTOMER HEREBY WAIVES, ANY OTHER WARRANTY, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.
10. Links to Third Party Sites. This Site may be linked to other websites which are not under the control of Resync is not responsible for the content of those sites. Resync provides the links as a convenience to you, and the link does not imply endorsement by or affiliation with those sites. Further, the information at such sites is the responsibility of the owner/operator of such site, and not Resync.
11. Site Integrity. Customer shall not take any action to interfere with the operation of the Site, including computer software, hardware, network or telecommunications equipment (“Site”). Customer shall not upload other technology, use any automated software (crawlers, robots, bots, spiders, extractors, viruses, adware, worms, trojan horses, malware, spyware or any other similar malicious activities and products) at the Site; disable, hack, or seek to circumvent security-related features or digital rights management functions at the Site. Customer shall not attempt to interrupt, hijack, destroy, limit or adversely affect the functionality of the Site or any third party technology (including without limitation a “Denial-of-Service” or “Distributed Denial-of-Service” attack); cause any Site resource to be unavailable to Customers; distribute any unlawful content; encourage unlawful activity; or cause any damage or service disruption to any third party computers or service.
12. Limitations of Liability for Damages. Regardless of the form of action or theory of recovery, in no event shall Resync be liable to Customer in connection with this Agreement, for any indirect, special, exemplary, consequential, incidental or punitive damages, even if Resync is aware of the possibility of such damages; lost profits, lost revenue, lost business expectancy, business interruption losses, or loss of data; and/or direct damages in an amount in excess of the transaction fees for the preceding thirty (30) days.
13. Electronic Communications. When you visit the Site, place order for Products, complete a form on the site, or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. Although we may also communicate with you through other media (telephone, text messages, live chat, mail and other forms now known or later developed), you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
15. Suspension; Termination of Site Access. In certain circumstances Resync may suspend or terminate an account, limit Customer access to the Site, or take other action in good faith relating to Customer and its account. Such circumstances may include in response to legal process, concern for the integrity of the Site, concern for security at the Site, concern for the integrity of Customer’s account, reasonable suspicion of improper conduct at the Site, conduct that may adversely affect a third party, conduct that may subject Resync to liability, conduct that may be a breach of applicable laws or regulations, conduct that may be a breach of any of the terms of this Agreement. Resync shall use reasonable efforts to notify Customer. Provisions which, by their terms, continue after termination shall survive (for example, exclusive remedies, dispute resolution, and limitations of liability for damages).
16. Location of Site and Business Activity. The Site is deemed Located in and Delivered from Palm Beach Gardens, Florida USA. This Agreement is entered into, performed in, and based in Palm Beach Gardens, Florida USA and shall be governed by Florida law. The Site does not give rise to personal jurisdiction over Resync, either specific or general, in jurisdictions other than Florida.
17. Dispute Resolution. The parties shall attempt to resolve any disputes through good faith business negotiations. All disputes or claims arising out of or relating to this Agreement (including the breach thereof) shall be settled by arbitration, to be conducted by a single arbitrator in Palm Beach Gardens, Florida, by and in accordance with the then effective commercial rules of the American Arbitration Association or JAMS. The costs of the arbitration and the reasonable attorneys’ fees of the prevailing party shall be included in any award rendered by the arbitrator. Judgment upon the award may be entered in any court having jurisdiction thereof. Neither party shall disclose the existence, Data or result of any arbitration proceeding without the prior written consent of the other party. Any other action brought by either party related to this Agreement shall be initiated and maintained solely in Palm Beach County, Florida, or in the U.S. District Court for the Southern District of Florida. The parties expressly submit to the exclusive personal jurisdiction and venue of these courts and waive any objection on grounds of forum non conveniens.
18. No Implied Waiver. No waiver by Resync shall be implied. Any waiver of any term of this Agreement must be in writing and signed by an officer of Resync.
19. Severability. If any portion of this Agreement is found to be unenforceable, such portion will be modified to reflect the intent of the parties set forth in such portion and only to the extent necessary to make it enforceable. The remaining provisions of this Agreement will remain in full force and effect.
20. Assignment. Resync may assign, subcontract, delegate, and transfer its rights and obligations under this Agreement to a third party. Customer may not assign or transfer its account.
21. Notices. Resync may provide Customer with notices, including those regarding changes to these TOS, by email, first class mail, or postings to the Site. Notice is deemed given upon the earlier of actual receipt, twenty-four (24) hours after an email is sent, three (3) days after first class mail is deposited with the U.S. Postal Service, or Customer’s click-through of any notice posted to the Site.
22. Force Majeure. It shall not be a material breach of this Agreement, and neither party shall be liable to the other, if prevented from performing its duties or responsibilities under this Agreement by reason of any fire or other casualty, acts of God, earthquake, floods, explosions, interrupted power supply, attacks on technology infrastructure, sabotage, war, riots, acts of terrorism; inability to procure or a general shortage of labor, equipment, facilities, materials or supplies in the open market; strikes, court orders, laws, regulations, or orders of government or military authorities; or any other cause not within the control of such party whose performance is delayed.
23. No Election of Remedies. The remedies accorded Resync are cumulative. The remedies accorded Customer are exclusive and no other remedies are to be implied.
24. Contact. Please contact us with any questions and/or comments you may have.
Attn: Chief Executive Officer
4580 PGA Blvd., Suite 205
Palm Beach Gardens, Florida 33418