Last Updated: January 24, 2022

 

These Terms and Conditions of Sale (the “Terms”) apply to the purchase of products for personal use, including fitness equipment, (each, a “Product”) from OxeFit, Inc. (“OxeFit”, “we”, “our”, or “us”). If you purchase our Products for commercial use, these Terms are supplemented by our Commercial Terms and Conditions. These Terms, the Terms of Service, together with the terms of the warranty described in the product OxeFit Limited Warranty included with your purchase, and, if applicable, the OxeCare Extended Warranty all form a binding agreement (the “Agreement”). You should also review our Privacy Policy, which governs the processing of all personal data collected from you in connection with your purchase and use of our Products, and the OxeFit Membership Terms, which governs your use of our Services when you become a member. By purchasing a Product from us, you are agreeing to be bound by this Agreement, the terms of our Privacy Policy, and, if you become a Member, the OxeFit Membership Terms. Please note that we reserve the right to change these Terms at any time. Capitalized terms not defined in these Terms may be defined in other portions of the Agreement.

 

 

THE AGREEMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MAY APPLY TO YOU. PLEASE CAREFULLY READ THIS LEGAL DOCUMENT AND IF YOU HAVE ANY QUESTIONS REGARDING THESE TERMS, PLEASE CONTACT US AT OXEFIT.COM/CONTACT.

 

BY PLACING AN ORDER WITH OXEFIT, YOU ARE ACCEPTING AND AGREEING TO THE AGREEMENT ON BEHALF OF YOURSELF AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY, RIGHT, AND CAPACITY TO ACCEPT AND AGREE TO THESE TERMS. YOU ALSO REPRESENT AND WARRANT THAT YOU ARE OF LEGAL AGE IN YOUR STATE'S JURISDICTION TO PURCHASE AND USE OXEFIT’S PRODUCTS AND TO ENTER INTO THIS AGREEMENT. YOU MAY NOT ORDER OR OBTAIN PRODUCTS FROM US IF YOU: (A) DO NOT AGREE TO THESE TERMS; (B) ARE NOT OLDER OF (I) AT LEAST 18 YEARS OF AGE, OR (II) LEGAL AGE TO FORM A BINDING CONTRACT WITH OXEFIT; OR (C) ARE PROHIBITED FROM PURCHASING OUR USING OUR PRODUCTS BY APPLICABLE LAW. IF YOU DO NOT AGREE WITH ANY OF THE PROVISIONS OF THIS AGREEMENT, DO NOT PURCHASE OXEFIT PRODUCTS.

 

PLEASE NOTE THAT THIS AGREEMENT CONTAINS AN ARBITRATION AGREEMENT AND CLASS ACTION WAIVER THAT REQUIRE YOU TO ARBITRATE ALL DISPUTES YOU HAVE WITH US ON AN INDIVIDUAL BASIS. ACCORDINGLY, YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT (INCLUDING IN A CLASS ACTION PROCEEDING) TO ASSERT OR DEFEND YOUR RIGHTS UNDER THE AGREEMENT. INSTEAD, YOUR RIGHTS WILL BE DETERMINED BY A NEUTRAL ARBITRATOR, AND NOT A JUDGE OR JURY, AND YOUR CLAIMS CANNOT BE BROUGHT AS A CLASS ACTION. PLEASE REVIEW THE SECTION IN OUR “ARBITRATION AND CLASS ACTION WAIVER” FOR DETAILS REGARDING YOUR AGREEMENT TO ARBITRATE ANY DISPUTES WITH US.

 

PRICES.

OxeFit’s pricing and the availability of the Product can change at any time without notice. Prices specified are in U.S. dollars and do not include taxes or charges for shipping and handling. We will notify you of any other applicable shipping charges and taxes prior to completion of your purchase. You are responsible for paying all applicable charges and taxes associated with your purchase and use of the Product. By making a purchase, you agree to indemnify and hold OxeFit harmless against any fees, interest, liabilities, or penalties arising from a failure to pay any such charges or taxes.

 

If we offer the ability to make a deposit, making a deposit will secure a priority position to purchase a Product, if and when it becomes available in your market. Such a deposit secures your priority to purchase a Product in the future but does not constitute the actual purchase of a Product. If you decide to purchase a Product, your deposit will be applied towards your purchase price. If a deposit has been made, it is not transferable or assignable to any third party. We reserve the right to cancel any deposit made by you, at any time and in our sole discretion, whereby we will refund the deposit to your original payment method.

 

TYPOGRAPHICAL ERRORS, INCORRECT PRICING, AND ACCURACY OF COLORS.

Please note that OxeFit cannot guarantee the availability of products. Advertising depictions, graphics, and diagrams on the OxeFit Sites are only for illustrative purposes and may not accurately reflect the actual product or component availability. Colors, styles, and other variations depicted are for illustration only and are subject to change. We have made significant efforts to accurately display the colors of our products that appear on the Site. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will be accurate.

 

ONLINE ORDERS.

OxeFit accepts orders for the Product(s), equipment accessories, and subscription-based Memberships through the OxeFit Sites (as defined in the Terms of Service) or OxeFit authorized distributors. We may acknowledge your order by sending you a receipt or proof of purchase to the email address you provide after your payment has been processed. Orders for Memberships are subject to the OxeFit Membership Terms.

 

Unless otherwise specified at the time of purchase, you must pay for products when you place the order. All products ordered will be delivered to the shipping address you provide. If a credit card account is being used for a transaction, OxeFit may obtain preapproval for an amount up to the amount of the payment. If you enroll to make recurring payments automatically, all charges and fees will be billed to the credit card you designate during the setup process. If you want to designate a different credit card or if there is a change in your credit card, you must change your information online. This may temporarily delay your ability to make online payments while we verify your new payment information.

 

You represent and warrant that (i) the information you provide is true, accurate, and complete, (ii) charges incurred by you will be honored by your credit/debit card company or bank, as applicable, (iii) you will pay the price and charges incurred by you in the amounts posted, including any applicable taxes, and (iv) you are the person whose name the credit/debit card was issued to and you are authorized to make the purchase or other transaction with the relevant credit/debit card and credit/debit card information.

 

ORDER ACCEPTANCE.

We reserve the right, in our sole discretion, to refuse or cancel any order for any reason. Some situations that may result in your order being canceled include limitations on quantities available for purchase, inaccuracies or errors in Product or pricing information, or problems identified by our credit and fraud avoidance department. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order. If your order is canceled after your credit card (or another payment account) has been charged, we will issue a credit to your credit card (or another applicable payment account) in the amount of the charge.

 

SHIPPING.

Currently, our Product is intended for sale inside of the forty-eight (48) continental United States and selected countries. OxeFit will not ship any Product outside of this area, and you will be solely and completely responsible for any purchase or use of the Product outside of this area.

You acknowledge that all scheduled shipment dates are estimates only. OxeFit will make reasonable efforts to meet the scheduled shipment dates, BUT IN NO EVENT WILL OXEFIT BE LIABLE FOR ANY LOSS, DAMAGE, OR PENALTY RESULTING FROM ANY DELAY IN SHIPMENT OR DELIVERY.

Any estimated arrival or delivery date provided by OxeFit is not a guarantee. Although OxeFit will make a reasonable effort to meet estimated dates, delivery of the Product may take more or less time than expected, and OXEFIT SHALL NOT BE LIABLE FOR, AND HEREBY DISCLAIMS, ANY LOSS, DAMAGE, OR INJURY RESULTING FROM A DELAY IN ARRIVAL OR DELIVERY. THE RISK OF LOSS AND TITLE FOR ANY OXEFIT PRODUCT PASSES TO YOU UPON DELIVERY OF THE PRODUCT TO THE APPLICABLE SHIPMENT CARRIER.

 

INSTALLATION.

Certain Products sold by OxeFit require professional installation. By purchasing a Product that requires installation, you agree to allow and provide OxeFit Professionals (“OxeFit Professionals” refers to the technician installing the Product) access to your designated area of placement (the “Designated Location”) for purposes of installing, maintaining, repairing, uninstalling, removing, or performing related services for the Product, as necessary. The Products are designed for indoor use only. Any Limited Warranty or OxeCare Extended Warranty will be void in the event the Product is used contrary to its safety guidelines, including in the event the Product is used outdoors.

You represent and warrant that the Designated Location is reasonably safe and secure given the nature and type of work to be performed by the OxeFit Professionals, and that it complies with all applicable legal health, building, occupancy, and safety laws, regulations, and standards. OxeFit is not responsible or liable for your choice of Designated Location and is not responsible for any damage or injury resulting from the Designated Location or any installation in an improper location, such as one without adequate safety, security, structural support, or adequate or safe power supply.

 

30-DAY RETURN POLICY.

If the Product is not performing to specifications, you can return your Product within the first 30 days upon delivery for a full refund. Please note that returning the Product(s) may incur additional charges for damage caused by improper use, accidents, or missing components. Buyers will be charged a shipping and restocking fee. Please contact OxeFit at oxefit.com/contact for more information.

 

The item must be returned in good, working condition, in the original packaging, and with all accompanying manuals, parts, and accessories.

 

Returned items are refunded at the original purchase price plus applicable sales tax less a restocking fee of twenty percent (20%) of the original purchase price.

 

Delivery or shipping charges cannot be refunded.

 

Returned items will be refunded to the original method of purchase. If the customer paid with a check or cash, the refund will be issued from the corporate office by a corporate check after receiving the returned item.

 

No refunds will be issued thirty (30) days after the date of delivery. Proof of purchase must accompany the return. To initiate a return, contact OxeFit.

 

Resale Not Authorized. Resale of the Product(s) is not authorized by OxeFit. The Product is intended for use by the Customer and not for resale to any third party.

 

CANCELLED ORDERS.

Products, parts, and accessory orders which are refused or canceled after shipment or production begins are subject to a restocking fee of twenty percent (20%) of the purchase price.

 

TITLE AND RISK OF LOSS.

Subject to Section 10, title to the Products sold by OxeFit to Customer, and all risk of loss of or damage to such Products, pass to and are assumed by Customer upon delivery to the Destination Location specified by Customer.

 

WARRANTIES AND DISCLAIMERS.

As permitted by applicable law, the Products are provided on an “as-is” basis without warranties or conditions of any kind, except as expressly set forth in Product’s Limited Warranty or, if purchased separately, the OxeCare Extended Warranty for the Product.

 

The use of the Product(s) is at your own risk. Further, you acknowledge and agree that it is your responsibility to consult with your medical provider regarding any medical condition, impairment, or disability that may prevent or limit your ability to use the Products. You further understand and agree that you are directly responsible for abiding by your personal medical provider's recommendation regarding any medical restrictions, and your physician or medical provider has been specifically consulted by you and approved your use of the Products and Services. You are solely responsible for any and all loss, liability, or damages resulting from the use or misuse of the Products, including injury, damage, or loss to your person, other persons, your home, the Products, accessories to the Products, and all other items, and pets in your home. OxeFit disclaims all and any such loss, liability, or damages.

 

YOUR USE OF OXEFIT’S PRODUCTS.

Unless you have purchased our Products pursuant to our Commercial Terms, our Products are offered and intended only for your personal use, and not for any use in any commercial setting or any commercial purpose. Prior to using any OxeFit Products and Services, all users (including those that may not have purchased the Product) are required to accept the Terms of Service, Privacy Policy, and Membership Terms contained in this Agreement, the current versions of which are located at https://oxefit.com/, as well as any other terms presented to users during the sign-in process. Your use of the App will be subject to the mobile application’s End User License Agreement, the current version of which will be made available to you on the application store you use to download the App, as well as within the App.

 

You acknowledge that the Embedded Software and other content are protected by patents, copyrights, trademarks, trade secrets, or other proprietary rights and that these rights are valid and protected in all forms, media, materials, and technologies existing now or developed in the future. Notwithstanding anything in this Agreement, any software, data, information, or other material embedded in the Product (collectively, the “Embedded Software”) is licensed (and not sold) to you under the terms, conditions, and restrictions of this Agreement, including, but not limited to, the Terms of Service. As between you and OxeFit, OxeFit owns all rights, titles, and interests in and to the Embedded Software, and any and all upgrades, updates, enhancements, or improvements to any of the foregoing. You do not acquire any ownership interest in the Embedded Software under these Terms, or any other rights to any of the Embedded Software, other than to use the Embedded Software in accordance with the license granted, and subject to all terms, conditions, and restrictions, under this Agreement. Subject to the conditions of these Terms, OxeFit grants you a limited, non-exclusive, non-transferable, non-sublicensable, non-assignable, revocable license to use the Embedded Software, solely as embedded in the Product, solely in executable form, and solely for your non-commercial use. You agree not to disassemble, decompile, or reverse engineer, copy, or modify the Embedded Software, nor permit any third party to do so, except to the extent such restrictions are prohibited by applicable law.

 

THIRD-PARTY SOFTWARE AND APPLICATIONS.

Downloading and/or installing any third-party software and/or applications that are not expressly authorized by OxeFit on any Product constitutes a breach of these Terms; any such downloading or installation is done at your own risk and may void any applicable warranty or support commitments by OxeFit.

 

GOVERNING LAW.

The Agreement and your use of the Product and Services are governed by and construed in accordance with the internal laws of the State of Texas without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of or related to the Agreement or your use of the Products and Services shall be instituted exclusively in the federal courts of the United States or the courts of the State of Texas in each case located in the city and county of Dallas, Texas, although we retain the right to bring any suit, action, or proceeding against you for breach of the Agreement in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to the venue in such courts.

 

ARBITRATION CLAUSE AND CLASS ACTION WAIVER.

PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR LEGAL RIGHTS. We will try to work in good faith to resolve any issue you have with the Product or Services if you bring that issue to our attention. However, we realize that there may be rare cases where we may not be able to resolve an issue to a customer's satisfaction. If for any reason we are unable to resolve a dispute, you agree to submit the dispute to binding arbitration as described in this Section.

 

EXCEPT FOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT, ALL DISPUTES ARISING OUT OF OR RELATED TO THESE TERMS AND CONDITIONS, USE OF THE PRODUCT OR SERVICES, OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND OXEFIT, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION OR ANY OTHER LEGAL THEORY, WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY AND YOU AGREE THAT OXEFIT AND YOU ARE EACH WAIVING THE RIGHT TO TRIAL BY A JURY. SUCH DISPUTES INCLUDE, WITHOUT LIMITATION, DISPUTES ARISING OUT OF OR RELATING TO INTERPRETATION OR APPLICATION OF THIS ARBITRATION PROVISION, INCLUDING THE ENFORCEABILITY, REVOCABILITY, OR VALIDITY OF THE ARBITRATION PROVISION OR ANY PORTION OF THE ARBITRATION PROVISION. ALL SUCH MATTERS SHALL BE DECIDED BY AN ARBITRATOR AND NOT BY A COURT OR JUDGE.

 

YOU AGREE THAT ANY ARBITRATION UNDER THESE TERMS & CONDITIONS WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION. Further, unless both you and OxeFit agree otherwise, the arbitrator may not consolidate more than one person's claims with your claims and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.

 

ARBITRATION PROCEDURES.

The arbitration will be administered by Judicial Arbitration and Mediation Services, Inc., (JAMS) under the JAMS Comprehensive Arbitration Rules and Procedures as they exist on the effective date of these Terms, and as amended by these Terms. The Comprehensive Arbitration Rules and Procedures are available online at jamsadr.com/rules-comprehensive-arbitration/. The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate. Any in-person appearances will be held in Dallas, Texas. The arbitrator’s decision will follow these Terms and will be final and binding. The arbitrator will have authority to award temporary, interim, or permanent injunctive relief or relief providing for specific performance of these Terms, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. If you are using the Product(s) or Services for commercial purposes, each party will be responsible for paying any JAMS filing, administrative and arbitrator fees in accordance with JAMS rules, and the award rendered by the arbitrator will include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. Notwithstanding any of the foregoing, nothing in these Terms and Conditions will preclude you from bringing issues to the attention of federal, state, or local agencies and, if the law allows, they can seek relief against us for you.

 

If this Agreement to Arbitrate provision is found to be unenforceable, then (a) the entirety of this arbitration provision shall be null and void, but the remaining provisions of these Terms shall remain in full force and effect; and (b) exclusive jurisdiction and venue for any claims will be in state or federal courts located in and for Dallas, Texas.

 

LIMITATION OF LIABILITY.

TO THE FULLEST EXTENT PERMITTED BY LAW (A) IN NO EVENT SHALL OXEFIT AND/OR ITS SUPPLIERS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES RESULTING FROM ANY LOSS IN PROFITS, GOODWILL, ECONOMIC OR PURE ECONOMIC LOSSES, USE OF THE PRODUCT OR SERVICES, LOSS OF DATA, SERVICE INTERRUPTION, COMPUTER DAMAGE, SYSTEM FAILURE, INABILITY TO USE THE OXEFIT SERVICES OR CONTENT OR OTHER INTANGIBLE LOSSES, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE; AND (B) OXEFIT’S TOTAL LIABILITY TO YOU FOR ALL CLAIMS IN ANY WAY CONNECTED TO THE PRODUCT, THESE TERMS, OR OTHERWISE THIS AGREEMENT, IN THE AGGREGATE, WILL NOT EXCEED THE AMOUNT ACTUALLY PAID BY YOU TO OXEFIT OVER THE TWELVE (12) MONTHS PRECEDING THE DATE YOUR FIRST CLAIM(S) AROSE.

 

If you live in a jurisdiction that does not allow the exclusion or limitation of liability for consequential or incidental damages, the above exclusion or limitation for consequential or incidental damages does not apply to you. To the extent that one or any aspect of OxeFit’s limitations set out above does not apply, all remaining aspects survive. The above exclusions and limitations of damages set forth are fundamental elements of the basis within the bargain between OxeFit and you.

 

You further acknowledge that You are purchasing Products and Services to be used by Your own end users. There are inherent risks in the use of exercise equipment, and all users’ use of the Products is at their own risk. To the extent allowed by law, OxeFit will not be liable to these end-users, and You agree to indemnify OxeFit for any injuries incurred in connection with Your users’ use of the Products and Services.

 

PRIVACY.

We respect your privacy and are committed to protecting it. Our Privacy Policy governs the processing of all personal data collected from you in connection with your purchase and use of the Products and Services.

 

INDEMNIFICATION.

You agree to indemnify, defend, and hold harmless OxeFit and its affiliates, and its and their directors, officers, employees, and agents, from and against all direct or indirect claims, damages, losses, and costs that arise from or relate to (i) your or a third party’s use of the Product or Services in violation of these Terms or in manner contrary to any warnings displayed on or with the Product and Services or any of their respective documentation; (ii) your failure to pay all applicable charges and taxes in connection with a purchase of any Product, OxeFit Service, or otherwise, (iii) your use of the Products or Services in a manner contrary to applicable law, (iv) your violation of these Terms; (v) all use of the Products or Services through your account; (vi) any User Content submitted by you or on your behalf; or (vii) your negligence or willful misconduct.

 

NOTIFICATIONS.

You consent to receive all communications including notices, messages, agreements, disclosures, or other information from OxeFit. OxeFit may communicate by email or by posting to OxeFit Services or any other method of its choosing. For support-related inquiries, you may contact oxefit.com/contact.

 

For all other notices to OxeFit, write to the following address:

 

OxeFit, Inc.

2800 N. Dallas Parkway,

Suite #340 Plano,

TX 75093 USA

 

EXPORT RESTRICTIONS.

You acknowledge that the Product and Services, which may include software (including the Software) and other technology, is subject to the customs and export control laws and regulations of the United States of America and may also be subject to the customs and export laws and regulations of the country in which the Product or Services is manufactured, provided, and/or received. By purchasing the Product or using the Services, you agree to abide by the applicable laws, rules, and regulations – including the Export Administration Act and the Arms Export Control Act – and you represent and warrant that you will not transfer, by electronic transmission or otherwise, any software or services (including the Software or Services) or technology to a foreign national or a foreign destination in violation of the law.

 

FORCE MAJEURE.

Neither OxeFit nor you shall be liable for any failure or delay in the provision of the Products or Services (other than for delay in the payment of money due and payable in accordance with these Terms) for causes beyond such party’s reasonable control and not directly caused by such party’s fault, or negligence, including, but not limited to, “acts of God”, acts of government, pandemic, epidemic, flood, fire, civil unrest, acts of terror, strikes, failures of our service providers, failures of public utilities (including the internet), or other labor problems, computer attacks or malicious acts, such as attacks on or through the internet, any internet service provider, telecommunications or hosting facility, but in each case, only if and to the extent that the non-performing party is without direct fault in causing such failure or delay, and the failure or delay could not have been prevented by reasonable precautions and measures and cannot reasonably be circumvented by the non-conforming party through the use of alternate sources, workaround plans, disaster recovery, business continuity measures or other means.

 

ENTIRE AGREEMENT; SEVERABILITY.

The Agreement sets forth the entire agreement between you and OxeFit with respect to the Product and Services purchased by you. If any provision of the agreement or the application of a provision is for any reason or in any event found to be invalid or unenforceable, then the remainder of this Agreement (and the remainder of the provision, to the extent possible) will remain in full force and effect and be interpreted so as to best reasonably effect the intent of the parties.