ShapeFit.com Product Liability Waiver
By purchasing Products from ShapeFit, LLC (ShapeFit.com), customer agrees to be bound by the terms of this Waiver.
2. Release of Liability & Limitation of Liability
Customer acknowledges that participating in any exercise program and/or using exercise equipment can be dangerous. Use of Products could result in injury. Customer agrees to indemnify, defend, and hold harmless ShapeFit, LLC for all liabilities incurred or alleged as a result of the Products, or arising out of the use of the Products. In no event shall ShapeFit's liability under this Agreement exceed the purchase price paid by the customer for the Products.
ShapeFit, LLC warrants that the Products will arrive undamaged and in working order when received by the customer. In the event that the Products are damaged upon delivery, customer shall notify ShapeFit, LLC and ship the damaged Products back to ShapeFit, LLC. ShapeFit, LLC will send, at ShapeFit's discretion, either a replacement Product or a refund, within ninety days. This Warranty shall be effective for claims received within ninety days of the initial delivery of the Products. ShapeFit, LLC will not accept a return for any other reason. It is the customer's responsibility to ensure compatibility, fit, and other considerations necessary before purchasing the Products.
SHAPEFIT, LLC DISCLAIMS ALL OTHER REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF FITNESS FOR ANY PARTICULAR PURPOSE. The foregoing constitutes customer's sole and exclusive remedy under this Agreement.
The unenforceability of any portion of this Agreement shall not render the remainder of the Agreement invalid or unenforceable.