Last update: 1/1/2022

 Please read these terms of use carefully. By accessing or using any FIT-LOSOPHY web or mobile application (or any content, product, service, or feature available through the website or mobile application, including the embedded viewer) (collectively, the “Site”), you agree to comply with and be bound by the terms described herein and all terms, policies, and guidelines incorporated by reference, as well as any additional terms and restrictions presented in connection with the specific content or a particular product, service or feature (collectively, the “Site Terms”). If you do not agree to all of these terms, do not use the Site.

These Site Terms are not intended to alter the terms or conditions of any content license agreement you may have with “FIT-LOSOPHY,” its subsidiaries, or affiliates. To the extent of any conflict, the terms of your content license agreement will prevail. By using the Site, you represent and warrant that you are 18 years of age or older and that you can legally agree to these Site Terms. Suppose you are using the Site on behalf of any entity. In that case, you also represent and warrant that you are authorized to accept these Site Terms on behalf of such entity. Such entity agrees to indemnify FIT-LOSOPHY for violations of these Site Terms.

PRIVACY POLICY

FIT-LOSOPHY is committed to protecting your privacy. Please see our Privacy Policy for information on how we collect, use and disclose personal information.

 OWNERSHIP OF THE SITE AND ITS CONTENT

FIT-LOSOPHY Except as otherwise noted owns the Site, all content appearing or displayed on the Site, including, but not limited to, text, graphics, data, photographic images, moving images, sound, illustrations, software, and the selection and arrangement thereof (“FIT-LOSOPHY’ Content”), is owned by FIT-LOSOPHY, its licensors, or its third-party image partners. All elements of the Site, including the FIT-LOSOPHY’S Content, are protected by copyright, trade dress, moral rights, trademark, and other laws relating to intellectual property protection.

USE OF THE SITE

 The Site and FIT-LOSOPHY’S Content are intended for FIT-LOSOPHY’S customers. You may not use the Site or FIT-LOSOPHY’S Content for any purpose unrelated to your business with FIT-LOSOPHY. You are expressly prohibited from: (a) download, copy or retransmit any or all of the Site or FIT-LOSOPHY’S Content without, or in violation of, a license or written agreement with FIT-LOSOPHY; (b) use any data mining, robots or similar data gathering or extraction methods; (c) manipulate or otherwise display the Site or FIT-LOSOPHY’S Content through the use of framing or similar navigational technology; (d) register, subscribe, unsubscribe or attempt to register, subscribe or unsubscribe any party for any FIT-LOSOPHY’S product or service if you are not expressly authorized by such party to do so; (e) reverse engineer, alter or modify any part of the Site or FIT-LOSOPHY’S content; (f) circumvent, disable or otherwise interfere with the security-related features of the Site or any resource, service or system network connected to or accessible through the Site; (g) sell, license, lease or otherwise market the Site or FIT-LOSOPHY’S Content without the specific written authorization of FIT-LOSOPHY; and (h) use the Site or FIT-LOSOPHY’S Content other than as intended. Such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws, the laws of privacy and publicity, and applicable communications regulations and statutes. You represent and warrant that you will comply with all applicable laws and regulations, including, without limitation, those relating to the Internet, data, e-mail, privacy, and the transmission of technical data exported from the United States or the country in which you reside.

COPYRIGHT INFRINGEMENT POLICY

 Following the Digital Millennium Copyright Act (“DMCA”) and other applicable laws, FIT-LOSOPHY has adopted a policy of terminating, in appropriate circumstances and at FIT-LOSOPHY’S sole discretion. These account holders infringe the intellectual property rights of FIT-LOSOPHY or any third party.

COPYRIGHT COMPLAINTS

If you believe that any material on the Site infringes any copyright that you own or control, you may submit a notice of such infringement to our Customer Care team at email contact@fit-losophy.net.

TRADEMARKS

FIT-LOSOPHY’ Trademarks, the FIT-LOSOPHY’S logo and any other product or service names or slogans contained on the Site are FIT-LOSOPHY trademarks and its suppliers or licensors. They may not be copied, imitated, or used, in whole or in part, without the prior written permission of FIT-LOSOPHY or the applicable trademark holder. You may not use metatags or any other “hidden text” utilizing “FIT-LOSOPHY” or any other name, trademark or product, or service name of FIT-LOSOPHY without our prior written permission. Also, the “look and feel” of the Site, including all page headers, custom graphics, button icons, and scripts, is the service mark, trademark, and/or trade dress of FIT-LOSOPHY and may not be copied, imitated, or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names, and company names or logos mentioned on the site are their respective owners’ property. Reference to any product, service, process, or other information, by trade name, trademark, manufacturer, and supplier or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof by us.

LINKS

You may not use a FIT-LOSOPHY logo or another proprietary graphic of FIT-LOSOPHY to link to the Site without the express written permission of FIT-LOSOPHY. Also, you may not frame any trademark, logo, or other proprietary information, including FIT-LOSOPHY’S content, without the express written consent of FIT-LOSOPHY.

FIT-LOSOPHY makes no claim or representation regarding, and accepts no responsibility for, directly or indirectly, the quality, content, nature, or reliability of third-party websites accessible by hyperlink from the Site or websites linking to the Site. Such sites are not under the control of FIT-LOSOPHY, and FIT-LOSOPHY is not responsible for the contents of any linked site or any link contained in a linked site or any review, changes, or updates to such sites. FIT-LOSOPHY provides these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement, or adoption by FIT-LOSOPHY of any site or any information contained therein. When you leave the site, you should be aware that our terms and policies no longer apply. You should review the applicable terms and policies, including privacy and data collection practices, of any site you navigate to from the Site.

Your participation, correspondence, or business dealings with any third party found on or through the Site, in connection with the payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third party. You agree that FIT-LOSOPHY shall not be responsible or liable for any loss, damage, or other matters of any sort incurred as the result of any such dealings.

EMBEDDED VIEWER

When enabled, you may embed FIT-LOSOPHY’S Content on a website, blog, or social media platform using the embedded viewer (the “Embedded Viewer”). Not all FIT-LOSOPHY’S Content will be available for embedded use, and availability may change without notice. FIT-LOSOPHY reserves the right, in its sole discretion, to remove FIT-LOSOPHY’S Content from the Embedded Viewer. Upon request, you agree to take immediate action to stop using the Embedded Viewer and/or FIT-LOSOPHY’S Content. You may only use the FIT-LOSOPHY’S Content for editorial purposes (i.e., related to newsworthy or public interest events). You may not use the Embedded FIT-LOSOPHY’S Content: (a) for any commercial purpose (e.g., in advertising, promotions, or merchandising) or to suggest endorsement or sponsorship; (b) in violation of any stated restrictions; (c) in a defamatory, pornographic or otherwise unlawful manner; or (d) outside the context of the Embedded Viewer.

FIT-LOSOPHY (or third parties acting on its behalf) may collect data related to your use of the Embedded Viewer and embedded FIT-LOSOPHY’S Content and reserves the right to place advertisements on the Embedded Viewer or otherwise monetize your service without any compensation to you.

USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS

Suppose at our request, you submit certain specific submissions (e.g., contest entries) or without a recommendation from us, submit creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “Feedback”). In that case, you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any feedback you submit to us. We are not and will not be obligated (1) to keep any Comments confidential; (2) to pay compensation for any Comments; or (3) to respond to any Comments.

We may, but have no obligation to, monitor, edit or remove content that, in our sole discretion, we determine unlawful, offensive, threatening, libelous, defamatory, defamatory, pornographic, obscene, or objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any third party’s rights, including copyright, trademark, privacy, personality, or other personal or proprietary rights. You further agree that your comments will not contain defamatory or otherwise unlawful, abusive, or obscene material or contain any computer virus or other malware that may in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or any third party to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party.

REGISTRATION INFORMATION AND ACCOUNT SECURITY

In consideration of your use of the Site, you agree to (a) provide accurate, current, and complete information about yourself as may be requested by any registration form on the Site (“Registration Data”); (b) maintain and promptly update the Registration Data, and any other information you provide to FIT-LOSOPHY, to keep it accurate, current and complete; (c) maintain the security of your password and identification; (d) notify FIT-LOSOPHY immediately of any unauthorized use of your account or any other breach of security; (e) accept full responsibility for all activities that occur under your account; and (f) accept all risks of unauthorized access to the Registration Data and any other information you provide to FIT-LOSOPHY.

RATES AND SETTLEMENT

Service Fees. For product fees, the User will be charged the fees outlined in the corresponding section, as offered on the Website. The Fees include value-added tax as provided by applicable laws in the United Mexican States.

Also, only to the extent required by applicable laws in each country, Users agree to send us duly completed tax forms to make all the necessary filings with the tax authorities.

Change of Fees. We may change the Fees and/or introduce new charges in addition to the Fees at our sole discretion upon thirty (30) days prior written notice to the User.

Notwithstanding the preceding, we may increase the Fees immediately and with contemporaneous notice.

Payment. The products’ price shall be paid in advance by credit card or another payment method accepted on the Website.

Packaging – All items will be delivered in an organized bag as appropriate.

Payment Conditions: To ship any product, it will be necessary to cover 100% of the amount, including VAT and shipping fees (16% IVA MX).

Payment Methods: Payments can be made via accepted credit or debit card.

Credit and Debit Cards – We accept Visa and MasterCard credit cards.

Delivery Time – Delivery times will be between 04 to 14 business days, depending on the orders’ volume. This period will start from the next working day after the order has been placed and the order has been placed.

We are not responsible for delays attributable to the customer, nor changes made to the initial instructions.

We are not responsible for delays in delivery in the event of national emergencies, changes in government regulations, changes in customs legislation, trade restrictions, delays in means of transportation, and natural disasters. Under no circumstances will FIT-LOSOPHY pay penalties for late deliveries.

Deliveries in Mexico City – Shipping prices include only delivery in Mexico City.

Foreign and International Deliveries – For shipments to other states, foreign or international, the customer must provide shipping instructions if there is a particular transportation line. Subsequently, it will be indicated how much the shipment is to be paid by the customer.

Suppose you are a customer located outside of Mexico City or in another country. In that case, we can ship your orders the day after you request your merchandise using the most appropriate shipping method for transportation of your inventory. The delivery times of the freight forwarding companies depend on the geographic location of each customer.

The cost of freight must be covered in total to make the shipment except when it is collected. Prices do not include export customs charges.

Delivery Information – The place and date of delivery shall be determined from the Purchase Order. Once approved, any modification to this information will have an additional cost. The location and date included in our service are unique. If the delivery is to various destinations must be stated from the purchase order, and the price will be broken down for each additional destination.

INDEMNIFICATION

You agree to defend, indemnify and hold harmless FIT-LOSOPHY, its subsidiaries, affiliates, licensors, employees, agents, third party information providers, and independent contractors against any claims, damages, costs, liabilities, and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to any User Content you post, store or otherwise transmit on or through the Site, your conduct, your use of or inability to use the Site, your breach or alleged breach of the Site Terms or any representation or warranty contained therein your unauthorized use of FIT-LOSOPHY’S Content, or your violation of any rights of another.

DISCLAIMER

THE SITE, INCLUDING WITHOUT LIMITATION THE EMBEDDED VIEWER AND FIT-LOSOPHY’S S  CONTENT, ARE PROVIDED “AS IS” AND FIT-LOSOPHY AND ITS DIRECTORS, EMPLOYEES, CONTENT PROVIDERS, AGENTS, AND AFFILIATES EXCLUDE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. FIT-LOSOPHY SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF THE USE OF THE SITE OR FIT-LOSOPHY’S CONTENT, OR THE UNAVAILABILITY THEREOF, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS AND DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. NO WARRANTY IS MADE THAT THE FUNCTIONS INCORPORATED IN OR THE MATERIALS ON THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE. YOU, NOT FIT-LOSOPHY, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION DUE TO YOUR USE OF THIS SITE OR THE FIT-LOSOPHY’S CONTENT. WE DO NOT WARRANT THAT THE SITE OR THE FIT-LOSOPHY’S CONTENT IS FREE FROM INFECTION BY VIRUSES OR ANYTHING ELSE THAT HAS CONTAMINATING OR DESTRUCTIVE PROPERTIES.

FIT-LOSOPHY offers a search function within the Site. FIT-LOSOPHY explicitly disclaims any responsibility for the content or availability of the information contained in our searchable index or directory. FIT-LOSOPHY also disclaims any responsibility for the completeness or accuracy of any directory or search results.

Some countries do not exclude or limit implied warranties or liability for specific categories of damages. Therefore, some or all of the above limitations may not apply to you to the extent they are prohibited or superseded by state or national provisions.

LIMITATION OF LIABILITY

IN NO EVENT SHALL FIT-LOSOPHY, ITS DIRECTORS, MEMBERS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, whether in action united Mexican States laws in contract, tort (including but not limited to negligence) or otherwise, arising out of or in any way connected with the use of the site, the services, content or materials contained on or accessed through the site, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM USER’S RELIANCE ON ANY INFORMATION OBTAINED FROM FIT-LOSOPHY, OR RESULTING FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAILS, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO FIT-LOSOPHY’S RECORDS, PROGRAMS OR SERVICES. IN NO EVENT SHALL  FIT-LOSOPHY’S  AGGREGATE LIABILITY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE, OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY, OR OTHER THEORY, ARISING OUT OF OR RELATING TO USE OF THE WEB WEBSITE ANY COMPENSATION YOU PAY, IF ANY, TO FIT-LOSOPHY FOR ACCESS TO OR USE OF THE WEB SITE.

GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed under the laws of the United Mexican States.

TERMINATION

Notwithstanding any of these Site Terms, FIT-LOSOPHY reserves the right, without notice and in its sole discretion, to terminate your account and/or block your use of the Site.

MISCELLANEOUS PROVISIONS

Any waiver of any Site Terms provision will be effective only if in writing and signed by FIT-LOSOPHY. If any provision of these Site Terms is found to be unenforceable, to the extent possible, this will not affect any other provision, and each will remain in full force and effect. Any rights not expressly granted herein are reserved.

CHANGES TO SITE TERMS

FIT-LOSOPHY reserves the right to change any of the terms and conditions contained in the Site Terms or any policy or guideline of the Site, at any time and at its sole discretion. When we make changes, we will revise the “last updated” date at the top of the Site Terms. Any changes will be effective immediately upon posting on the Site. Your continued use of the Site following the posting of changes will constitute your acceptance of those changes. We encourage you to review the Site Terms each time you visit one of our websites.

CONTACT INFORMATION

Questions about the Terms of Service should be sent to contact@fit-losophy.net.