Terms and Conditions

Terms and Conditions – (Agreement)

Use of this Website [https://www.fitzore.store/]—Please read these Terms and Conditions (“Agreement”) in full before you use this Website. If you do not accept this Agreement, please do not use this Website. Your continued use of this Website confirms your acceptance of this Agreement. By accessing this Website, you warrant and represent to the Website owner that you are legally entitled to do so and to make use of information and merchandise made available via this Website.

Supplemental agreements—Supplemental Agreement or Documents (“Supplemental Agreements”) to include but are not limited to privacy policies, cancelation and refund policies, that may be posted on this Website from time to time, are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to the Agreement and Supplemental Agreements at any time and for any reason without prior notification. We will alert you about any changes by updating the “Last updated” date of the Agreement or Supplemental Agreements, and you waive any right to receive specific notice of each such change. Please ensure that you check the applicable Agreements every time you use our Website so that you understand which Agreements apply. You will be subject to, and will be deemed to have been made aware of and to have accepted the changes in any revised Agreement or Supplemental Agreements by your continued use of this Website after the date such revised Agreement or Supplemental Agreements are posted

Trademarks—The trademarks, names, logos and service marks (collectively “trademarks”) displayed on this Website and created by or owned by FitZore are registered and unregistered trademarks of the Website owner. Individual trademarks, names, logos, and service marks of other companies or individuals are the property of those companies or individuals. Nothing contained on this Website should be construed as granting any license or right to use any trademark without the prior written permission of the Website owner or other companies or individuals

Website access—It is not necessary to register with us in order to use most parts of this Website. [However, particular areas of this Website may be accessible only if you have registered.].

Website uptime—All reasonable measures are taken by us to ensure that this Website is fully operational. However, occasionally technical issues may result in some downtime and accordingly we will not be liable if this Website is unavailable at any time. Where possible, we will try to give advance warning of maintenance issues that may result in Website down time; but, we shall not be obligated to provide such notice.

Visitor provided material—Any material that a customer or visitor to this Website sends or posts to this Website shall be considered non-proprietary and non-confidential. We shall be entitled to copy, disclose, distribute or use for such other purpose as we deem appropriate all material provided to us, with the exception of personal information, the use of which is covered under our Privacy Policy located at this Website: [https://www.fitzore.store/]. When using this Website you shall not post or send to or from this Website any material: for which you have not obtained all necessary consents; that is discriminatory, obscene, pornographic, defamatory, liable to incite racial hatred, in breach of confidentiality or privacy, which may cause annoyance or inconvenience to others, which encourages or constitutes conduct that would be deemed a criminal offense, give rise to a civil liability, or otherwise is contrary to the laws in the United States; which is harmful in nature including, and without limitation, computer viruses, Trojan horses, corrupted data, or other potentially harmful software or data. [We will fully co-operate with any law enforcement authorities or court order requiring us to disclose the identity or other details of any person posting material to this Website or our payment processors website in breach of this Agreement or in violations of any laws.]

Third party graphics and media—FitZore suppliers and / or manufacturers provide graphic images, pictures, videos, and other media for our products. FitZore is not responsible or liable in any way for any copyright infringements or violations. FitZore does not warrant or guarantee the accuracy or validity of any of those images, pictures, videos, or other media. FitZore does not grant permission to anyone to download, copy, use or represent those images, pictures, videos, or other media in any way. FitZore is not liable or responsible for any damages resulting from your use of those images, pictures, videos, or other media.

Links from other websites— Any party wishing to link to this Website is entitled to do so provided that the conditions below are observed: You do not seek to imply that we are endorsing the services or products of another party unless this has been agreed with us in writing. You do not misrepresent your relationship with this Website; and the Website from which you link to this Website does not contain offensive or otherwise controversial content or, content that infringes any intellectual property rights or other rights of a third party. You do not attempt to defame FitZore or any of its affiliates or service providers. By linking to this Website in breach of these terms you shall indemnify us for any loss or damage suffered to this Website as a result of such linking.

Links to other websites—Throughout this Website you may find links to third party websites. The provision of a link to such a website does not mean that we endorse that website. External links may be provided for your convenience, but they are beyond the control of the Website owner and no representation is made as to their content. Use or reliance on any external links and the content thereon provided is at your own risk.

Payments—You agree to pay all charges, fees, and expenses due on your account in accordance with the billing terms in effect at the time a charge, fee, or expense is due and payable. You also agree to pay all applicable taxes. You must provide FitZore with valid payment information in connection with your orders. By providing FitZore with your payment information, you agree that (i) FitZore is authorized to immediately demand payment from your account for all charges, fees, and expenses due and payable to FitZore hereunder, (ii) FitZore is authorized to share any payment information and instructions required to complete the payment transactions with its third-party payment service providers (e.g., credit card transaction processing, merchant settlement, and related services), and (iii) no additional notice or consent is required for the foregoing authorizations. You agree to immediately notify FitZore of any change in your payment information. FitZore reserves the right at any time to change its prices and billing methods. If payment cannot be charged to your payment card or your payment is canceled, reversed, or returned for any reason, FitZore reserves the right to either suspend or terminate your contract and access to the Service without prior notice.

Payment processing consent—When you provide payment information to FitZore or to one of its payment processors, you represent to FitZore that you are the authorized user of the card, PIN, key, or account associated with that payment, and you authorize FitZore to charge your credit or debit card or to process your payment with the chosen third-party payment processor for any charges, fees, and expenses incurred by you. FitZore may require you to provide your address or other information in order to meet their obligations for payment processing or under applicable tax law.

Taxes and other fees—If your purchase or subscription on this Website is subject to any type of use or sales tax or VAT, then FitZore may also charge you for those taxes, in addition to the other fees required to complete your transactions with FitZore.

Information we collect—We collect information from you when you register on our Website, place an order, subscribe to our newsletter or fill out a form.

When ordering or registering on our Website, as appropriate, you may be asked to enter your: name, e-mail address, mailing address, phone number or credit card information. You may, however, visit our Website anonymously.

Use of your information—Any information collected by us, relating to an identifiable person, shall be used only in accordance with the procedures and for the purposes that are here acknowledged and where said person, as required by law, has expressly consented.

Any of the information we collect from you may be used in one of the following ways:

; To personalize your experience

(your information helps us to better respond to your individual needs)

; To improve our Website

(we continually strive to improve our Website offerings based on the information and feedback we receive from you)

; To improve customer service

(your information helps us to more effectively respond to your customer service requests and support needs)

; To process transactions

(Your information, whether public or private, will not be sold, exchanged, transferred, or given to any other company for any reason whatsoever, without your consent, other than for the express purpose of delivering the purchased product or service requested.)

; To grant you login access to public and private Website areas

; To grant you access to content and courses

; To assist you with login issues

; To aide in resolving technical issues with your account

; To send you periodic emails

(The email address you provide for order processing, may be used to send you information and updates pertaining to your order, in addition to receiving occasional company news, updates, related product or service information, etc.)

Note: If at any time you would like to unsubscribe from receiving future emails, we include detailed unsubscribe instructions at the bottom of each email.

Information protection—We implement a variety of security measures to maintain the safety of your personal information when you place an order or enter, submit, or access your personal information.

Our credit card processor uses a secure server. All supplied sensitive/credit information is transmitted via Secure Socket Layer (SSL) technology and then encrypted into our Payment gateway providers database only to be accessible by those authorized with special access rights to such systems, and are required to keep the information confidential.

After a transaction, your private information (credit cards, social security numbers, financial info, etc.) will not be stored on our servers.

Use of cookies—Cookies are small files that a website or its’ service provider transfers to your computer’s hard drive through your Web browser (if you allow) that enables the website’s or service provider’s systems to recognize your browser and capture and remember certain information.

We use cookies to help us remember and process the items in your shopping cart, understand and save your preferences for future visits and compile aggregate data about Website traffic and Website interaction so that we can offer better Website experiences and tools in the future.

Information disclosure to outside parties—We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information. This does not include trusted third parties who assist us in operating our Website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. We may also release your information when we believe release is appropriate to comply with the law, enforce our Website policies, or protect ours or others rights, property, or safety. However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.

Third party links—Occasionally, at our discretion, we may include or offer third party products or services on our Website. These third-party websites have separate and independent privacy policies. FitZore therefore has no responsibility or liability for the content and activities of these linked websites. Nonetheless, FitZore seeks to protect the integrity of our Website and welcome any feedback about the third-party sites, products, or services.

Online Privacy Protection Act Compliance—Because we value your privacy, we have taken the necessary precautions to be in compliance with Online Privacy Protection. We therefore will not distribute your personal information to outside parties (parties not involved with the operation of our business or business transactions) without your consent except where required by law.

As part of Online Privacy Protection, all users of our Website may make any changes to their information at any time by logging into their account and going to the ‘Edit’ option.

Children’s Online Privacy Protection Act Compliance—We are in compliance with the requirements of COPPA (Children’s Online Privacy Protection Act). We do not knowingly collect any information from anyone under 13 years of age. Our Website, products, and services are all directed to people who are at least 18 years old.

Warranties—The Website owner makes no warranties, representations, statements or guarantees (whether express, implied in law or residual) regarding the Website or any merchandise displayed on it or made available through it.

Disclaimer of liability—The Website owner shall not be responsible for and disclaims all liability for any loss, liability, damage (whether direct, indirect or consequential), personal injury or expense of any nature whatsoever which may be suffered by you or any third party (including your company), as a result of or which may be attributable, directly or indirectly, to your access and use of the Website, any information contained on the Website, your or your company’s personal information or material and information transmitted over our system. In particular, neither the Website owner nor any third party or data or content provider shall be liable in any way to you or to any other person, firm or corporation whatsoever for any loss, liability, damage (whether direct or consequential), personal injury or expense of any nature whatsoever arising from any delays, inaccuracies, errors in, or omission of any information or the transmission thereof, or for any actions taken in reliance thereon or occasioned thereby or by reason of non-performance or interruption, or termination thereof.

Conflict of terms—If there is a conflict or contradiction between the provisions of this Website Agreement and any other relevant Agreement, policies or notices, this Website Agreement, policies or notices which relate specifically to a particular section or module of the Website shall prevail in respect of your use of the relevant section or module of the Website.

Applicable laws (choice of venue and forum)—The parties shall use all reasonable endeavors to resolve any dispute amicably and in good faith. This Agreement and your use of this Website are governed by and construed in accordance with the laws of the State of Georgia applicable to agreements made and to be entirely performed within the State of Georgia, without regard to its conflict of law principles. All disputes, controversy, difference or claim arising out of or in connection with this document, including any question regarding its existence, validity or termination, or any dispute regarding non-contractual obligations shall be finally settled under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) by one or more arbitrators appointed in accordance with the said rules. The seat of Arbitration shall be DeKalb County in the state of Georgia and proceedings shall be conducted in English.

Informal negotiations—To expedite resolution and control the cost of any dispute, controversy, or claim related to this Agreement (each “Dispute” and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.

Binding arbitration—If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved through binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website: www.adr.org. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in DeKalb, Georgia. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.

If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in DeKalb County, Georgia, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) is excluded from this Agreement.

In no event shall any Dispute brought by either Party related in any way to this Website be commenced more than one (1) years after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable, and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

Restrictions—The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

Exceptions to informal negotiations and arbitration—The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

Additional or residual disputes—Use of this Website shall in all respects be governed by the laws of the state of Georgia, U.S., regardless of the laws that might be applicable under principles of conflicts of law. The parties agree that the Georgia courts located in DeKalb county, Georgia, shall have final exclusive jurisdiction over all controversies arising under this agreement that were not settle and made final through arbitration only after using the arbitration process as outlined in this Agreement, and agree that venue is proper in those courts.

Corrections—There may be information on the Website that contains typographical errors, inaccuracies, or omissions, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on this Website at any time, without prior notice.

Notices—Any notice so served by hand, e-mail or post shall be deemed to have been duly given:

(a) in the case of delivery by hand, when delivered;

(b) in the case of fax or electronic mail on a Business Day prior to 5.00 pm, at the time of receipt;

(c) in the case of prepaid recorded delivery, special delivery or registered post, at 10am on the second Business Day following the date of posting; or

(d) if sent by email, one (1) hour after the email is sent (unless a return email is received by the sender within that period stating that the addressee’s email address is wrong or that the message cannot be delivered).

provided that in each case where delivery by hand or by e-mail occurs after 5pm on a Business Day or on a day which is not a Business Day, service shall be deemed to occur at 9am on the next following Business Day. References to time in this clause are to local time in the country of the addressee.

The addresses of the Company for the purpose of sending notices or contacting FitZore in writing is as follows:

FitZore Enterprises, LLC
Attention: Joseph Brown
PO Box 392894
Snellville, GA 30039
United States

Email may be sent through the Website Contact page to obtain the proper email address. This procedure is being used to prevent fraudulent spam.

Counterparts—This Agreement may be executed in any number of counterparts, each of which when executed shall constitute a duplicate original, but all the counterparts shall together constitute the one agreement.

Severance—If any provision of this Agreement, Supplemental Agreement, policies and notices is or becomes invalid, illegal, or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal, and enforceable. If such modification is not possible, the relevant provision shall be deemed deleted. Any modification to or deletion of a provision under this clause shall not affect the validity and enforceability of the rest of this Agreement and the remaining provisions of any relevant portion of this Agreement, Supplemental Agreement, policies and notices shall remain in full force and effect.

If there is any inconsistency between this Agreement and any other agreements, policies and procedures, this Agreement will prevail.

Changes to our policies—If we decide to change our policies, we will post those changes on the appropriate pages, and / or update the modification date below:

This Agreement was last modified on 06/01/2024. All other versions of this Agreement are hereby void.

Contacting Us—If there are any questions regarding this policy, you may use the contact page to contact us.

In order to resolve a complaint regarding this Website or to receive further information regarding use of the Website, please contact us at:

FitZore Enterprises, LLC
Attention: Joseph Brown
PO Box 392894
Snellville, GA 30039
United States

Entire agreement—This Agreement constitutes the entire agreement between the Parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.

Each Party agrees that it shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this Agreement. Each Party agrees that it shall have no claim for innocent or negligent misrepresentation based on any statement in this Agreement.

Your consent—By using this Website, you agree to this Agreement, supplemental agreements, policies, and all applicable Local, State and Federal Laws of the U.S.