Terms & Conditions
TERMS & CONDITIONS
Thank you for visiting fit4apit.com! Please review the following basic rules that govern the use of our site. Please note that your use of our site constitutes your agreement to follow and be bound by these terms. If you do not agree to these terms, please do not use this site. Since we may revise this agreement at any time, you should visit this page periodically to review the terms of your use. This constitutes the complete agreement between you and Fit 4 a Pit. regarding the access and use of this web site. Should you have any questions concerning any of our policies, please contact us at info@fit4apit.com.
Legal Information
This website is expressly owned and operated by Fit 4 a Pit. Our mailing address is:
Fit 4 a Pit
PO Box 1681
Asheville, NC 28802
Unless otherwise noted, all design and content featured on fit4apit.com, including navigational buttons and images, artwork, graphics, photography, text, videos and the like are copyrights, trademarks, trade dress, and/or intellectual property that are owned, controlled, or licensed by Fit for a Pit. Fit 4 a Pit uses the following trademark in print and on our products: Fit 4 a Pit™. This is an official Trademark certified (not just registered) with the USPTO and is protected by law. Facebook is a registered trademark of Facebook, Inc.; YouTube and the YouTube logo, trademarks of Google Inc. Fit 4 a Pit reserves the right to change styles, colors, sizes, and prices. All photos ©Fit 4 a Pit and may not be used ANYWHERE without prior consent from us. All rights reserved.
Disclaimer of Warranty
YOU AGREE THAT THIS WEBSITE AND ALL OF ITS CONTENT ARE PROVIDED “AS IS” AND ALL RISKS ASSOCIATED WITH USING THIS SITE ARE WITH YOU. FIT FOR A PIT, LLC DOES NOT WARRANT THAT THE FUNCTION OR OPERATION OF THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS. AS A VISITOR TO AND USER OF THIS WEBSITE, YOU MUST ASSUME FULL RESPONSIBILITY FOR ANY COSTS ASSOCIATED WITH THE SERVICING OF EQUIPMENT USED IN CONNECTION WITH THE USE OF OUR WEBSITE. AS A VISITOR TO AND A USER OF THIS WEBSITE YOU AGREE THAT YOUR ACCESS WILL BE SUBJECT TO THE TERMS AND CONDITIONS SET FORTH IN THIS LEGAL NOTICE. FIT FOR A PIT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, TO THE MAXIMUM EXTENT ALLOW BY LAW INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
Limitation of Liability
YOU AGREE THAT TO THE MAXIMUM EXTENT PERMITTED BY LAW, FIT 4 A PIT, LLC SHALL NOT BE LIABLE FOR DAMAGES OF ANY KIND RELATED TO YOUR USE OF OR INABILITY TO ACCESS THIS WEBSITE AND THAT IN NO EVENT WILL ANY CLAIM FOR DAMAGES EXCEED THE ACTUAL COST OF YOUR DIRECT EXPENSE OF DAMAGES THAT YOU INCUR. YOU AGREE THAT TO THE MAXIMUM EXTENT PERMITTED BY LAW, FIT FOR A PIT SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES FOR USING OR ACCESSING THIS WEBSITE. THIS LIMITATION SHALL APPLY TO DAMAGES RESULTING FROM ANY CAUSE OF ACTION INCLUDING NEGLIGENCE, STRICT OR PRODUCT LIABILITY, OR MISREPRESENTATION EVEN IF WE HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Inaccuracies
We endeavor to present the most recent, most accurate and most reliable information on our website at all times. However, there may be occasions when some of the information featured on fit4apit.com may contain incomplete data, typographical errors or inaccuracies. Any errors are wholly unintentional and we apologize if erroneous information is reflected in merchandise price, item availability, or in any way affects your individual order. Please be aware that we present our content 'as is' and make no claims to its accuracy, either expressed or implied. We reserve the right to amend errors or to update product information at any time without prior notice. In the event a Fit 4 a Pit product is listed at an incorrect price due to photographical error, typographical error, or error in pricing information from our suppliers, Fit 4 a Pit shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Fit 4 a Pit will issue a credit to your credit card account in the amount of the incorrect price.
Colors
We have made every effort to display as accurately as possible the colors of our products that appear on the website. The founder and operator of fit4apit.com has a background in visual art and a very detailed & sensitive eye for color. All color choice buttons are created by her while looking at the actual garments. However, due to monitor discrepancies, we cannot guarantee that your display of color will be 100% accurate.
Indemnification
You agree to indemnify, defend, and hold harmless Fit 4 a Pit, its directors, employees, agents, licensors, and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages, and costs, including reasonable attorneys' fees and expert witness fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
Correspondence
While we welcome your comments and feedback regarding Fit 4 a Pit, our merchandise, and our services, we do not wish to receive any confidential or proprietary ideas, suggestions, materials, or information via this website. Please note that all of your comments, photos, feedback, ideas, suggestions and other submissions that are disclosed or submitted to our company through fit4apit.com shall become and remain the property of Fit 4 a Pit. Any such disclosure or submission by you is a declaration of the full release of all proprietary claims and/or intellectual rights regarding your submission. However, we will not use your name in connection with any such materials, information, suggestions, ideas or comments unless we first obtain your permission or otherwise are required by law to do so.
Severability
Whenever possible, each provision of these Terms of Use will be interpreted in such manner as to be effective and valid under applicable law, but if any provision of these Terms of Use is held to be prohibited by or invalid under applicable law, such provision will be ineffective only to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of these Terms of Use.
We may, in our sole discretion, remove any content that we determine is unlawful, fraudulent, harassing, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable, or infringes or violates any party's intellectual property or other proprietary rights or Notices and Policies. This includes comments concerning our competitors, vendors, business partners, service providers, associates, and affiliates.
Governing Law; Venue and Jurisdiction; Attorneys’ Fees
The law of the State of North Carolina shall govern all questions concerning the construction, validity and interpretation of these Terms of Use and the performance of any obligation imposed by these Terms of Use without regard to conflict of laws or where the claim arose, even if in a foreign country. You agree that any disputes shall be heard exclusively in the appropriate forum in North Carolina and waive any claim or defense that such forum in not convenient or proper. You agree that the proper state venue shall be in Wake County, North Carolina and the proper federal venue shall be in Wake County, North Carolina In any legal action, the substantially prevailing party will be entitle to recover reasonable attorneys’ fees and costs including expert witness fees. You agree that any cause of action arising out of or in any way connected to the use of this site must commence within one year after the cause of action arose or be forever barred.
Photography Credit
Photos appearing on this website are ©Fit 4 a Pit and may not be used in any capacity without our written, signed consent! To obtain consent, please email info@fit4apit.com.
Termination
Fit 4 a Pit reserves the right to terminate or modify this agreement at any time. All provisions set forth in these Terms of Use shall survive termination. If you have any questions, please email us at info@fit4apit.com. Thanks!