Legal Notices

AFPA American Fitness Professionals & Associates

Terms and Conditions of Website Usage

Thank you for visiting the Terms and Conditions ("Terms") page of AFPA American Fitness Professionals & Associates. Your access and use of the AFPA American Fitness Professionals & Associates website at www.afpafitness.com (the "Website") is subject to the following terms and all applicable laws. By accessing and browsing the Website, you accept these terms without limitation or qualification, as well as such additional or amended terms and conditions as AFPA American Fitness Professionals & Associates may from time to time publish. Certain services or other offerings made available on the Website may have additional terms and conditions that apply, and which can be viewed either on the pages containing such services or offerings, or via a link on those pages or other directions to the additional terms and conditions.

Intellectual Property

The Website is owned and operated by AFPA American Fitness Professionals & Associates, and is protected by copyright under United States and international laws and treaties – © 1994 AFPA American Fitness Professionals & Associates. All rights reserved.

All rights not expressly granted herein are reserved. Materials from the Website may not be copied, distributed or transmitted in any way without the prior written consent of AFPA American Fitness Professionals & Associates. No links to the Website may be created without the express written consent of AFPA American Fitness Professionals & Associates. Users of the Website MAY download one copy of any and all materials on the site for personal, non-commercial use, provided they do not modify or alter the materials in any way, or delete or change any copyright or trademark notice. No rights or licenses in any such material are granted or implied. All material on this Website is provided for lawful purposes only. Images of people or places in this Website are either the property of or used with permission by AFPA American Fitness Professionals & Associates. The use or misuse of those images except as expressly authorized is prohibited. AFPA American Fitness Professionals & Associates reserves complete title and full intellectual property rights in materials downloaded from the Website.

Any information, including but not limited to remarks, suggestions, ideas, graphics or other submissions, communicated to AFPA American Fitness Professionals & Associates through this Website is not confidential. AFPA American Fitness Professionals & Associates shall be entitled to reproduce, distribute or use any such information submitted for any purpose without compensation to the person sending the submission. The user acknowledges the originality of any submission communicated to AFPA American Fitness Professionals & Associates and accepts responsibility for its accuracy, appropriateness and legality.

Prohibited Activities

You agree not to: (i) share usernames, passwords or other access credentials that allow access to any protected portion of the Website by any unauthorized third party; (ii) engage in or facilitate spamming; (iii) post, disseminate or transmit unauthorized advertising, promotional materials, chain letters, junk mail or any other type of unsolicited mass e-mail to people or entities that have not agreed to be part of such mailings; (iv) omit, delete, forge or misrepresent transmission information, including headers, return mailing and Internet protocol addresses, or otherwise manipulate identifiers to disguise the origin of any content; (v) impersonate any person or entity, or falsely state or otherwise misrepresent an affiliation with any person or entity or intentionally omit, delete, forge or misrepresent transmission information, including headers, return mailing and Internet protocol addresses or otherwise manipulate identifiers to disguise the origin of any content transmitted to or via the Website; (vi) disseminate or transmit any content without the right to do so; (vii) send harassing and/or threatening messages to others.

Content Restrictions

You agree not to post, disseminate or transmit any content that: (i) is unlawful, harassing, defamatory, abusive, threatening, obscene, harmful, tortuous, libelous, or invasive of another's privacy; (ii) infringes or violates any party's author’s right, trademark, trade secret, patent or other proprietary right, including but not limited to using third party materials protected by author’s right law without appropriate permission, using third party trademarks without appropriate permission or attribution, and using or distributing third party information whether or not protected as a trade secret in violation of a duty of confidentiality; (iii) you do not have the right to disseminate or transmit under law, or contractual or fiduciary relationships; or (iv) contains personally identifiable information belonging to minors.

Unlawful Behavior

You agree not to: (i) use the Website for any illegal purpose, in violation of any applicable laws or regulations including but not limited to, regulations promulgated by the Securities Exchange Commission, any rules of any national or other securities exchange, including without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law; (ii) publish web pages that contain links that initiate downloads of infringing or other illegal material; (iii) electronically stalk or otherwise electronically harass another; (iv) engage in any Internet activities that would violate the personal privacy rights of others, including but not limited to, collecting and distributing information about Internet users without their permission, except as permitted by applicable law; or (v) conduct Internet raffles or contests that violate applicable laws.

Disclaimer and Limitation of Liability

BY USING THE WEBSITE, YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. AFPA AMERICAN FITNESS PROFESSIONALS & ASSOCIATES DOES NOT WARRANT THAT USE OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE. AFPA AMERICAN FITNESS PROFESSIONALS & ASSOCIATES DOES NOT WARRANT THE ACCURACY, INTEGRITY OR COMPLETENESS OF THE CONTENT PROVIDED ON THE WEBSITE OR THE PRODUCTS OR SERVICES OFFERED FOR SALE ON THE WEBSITE. AFPA AMERICAN FITNESS PROFESSIONALS & ASSOCIATES SPECIFICALLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TO THE FULLEST EXTENT POSSIBLE UNDER APPLICABLE LAWS. NO VERBAL INFORMATION PROVIDED BY AFPA AMERICAN FITNESS PROFESSIONALS & ASSOCIATES SHALL CREATE A WARRANTY. UNDER NO CIRCUMSTANCES SHALL AFPA AMERICAN FITNESS PROFESSIONALS & ASSOCIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM YOUR USE OF OR INABILITY TO USE THE WEBSITE, INCLUDING BUT NOT LIMITED TO RELIANCE BY YOU ON ANY INFORMATION OBTAINED FROM THE WEBSITE THAT RESULTS IN MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OR CORRUPTION OF FILES, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTUOUS ACTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF TMAG INTERACTIVE HAS BEEN ADVISED OF OR SHOULD HAVE KNOWLEDGE OF THE POSSIBILITY OF SUCH DAMAGES. THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE AND SERVICES AVAILABLE THROUGH THE WEBSITE.

Privacy

We realize that consumers are concerned about how the information they provide online will be used. Please read our Privacy Policy for more details.

Resale Prohibited

Products sold from the Website are designated for your personal use only and may not be resold as new. AFPA American Fitness Professionals & Associates reserves the right to track order numbers and utilize other product identification methods for all products sold and compare them to those of products sold by others or registered by others. AFPA American Fitness Professionals & Associates reserves the right to refuse service to any individual.

Features and Specifications and Prices; Special Offers and Promotions

Features, specifications and prices of products and/or services described or depicted on the Website are subject to change at any time without notice. Weights and measures are approximate. Other product and service limitations and disclaimers may apply.

All prices shown on the Website are applicable solely for purchase by Users directly from AFPA American Fitness Professionals & Associates through the Website. Special product or service offerings and promotions may be displayed from time to time on the Website and are considered discontinued and no longer valid once they are removed from the Website and/or as soon as the published expiration date for the offer/promotion expires. All offerings and promotions displayed on the Website are subject to change or cancellation at any time without notice.

Product Availability

The Website refers to products and/or services that are generally available for purchase in the United States and Internationally, though AFPA American Fitness Professionals & Associates cannot guarantee the availability of a product at any given time. The reference to any products or services in this Website does not warrant or imply that these products or services will be available at any time in your particular locality. AFPA American Fitness Professionals & Associates cannot guarantee specific dates when the products offered on this Website will be available and/or received by customers.

Order Acceptance/Confirmation

Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. The Website reserves the right at any time after receipt of your order to accept or decline your order for any reason. You will not be charged if we reject an order.

Validating Your Order

After you place an order, we will check the information you give us for validity. We may require additional verifications or information before accepting any order.

We reserve the right to reject any order you place with us, and/or to limit quantities on any order, without giving any reason. If we reject your order, we will attempt to notify you using the email address, telephone number, and/or billing address you have given us with the order.

Paying for Your Order

You may pay for your order by MasterCard, Visa, American Express & Discover credit card only. The accepted methods of payment may change at AFPA American Fitness Professionals & Associates sole discretion.

Your credit card is charged upon receipt and review of your order.

Order Cancellation

We may be unable to cancel or modify any purchase from the Website after a AFPA American Fitness Professionals & Associates agent has processed your order or it has been released/sent to the warehouse until you receive your purchases and, if necessary, returned to us. Hence, you might not be able to modify your order after you click on the “Submit Order” button.

Return Policy

In order to keep prices low on the Website, all sales are final. However, in the event that we ship you the wrong product(s) compared to the receipt of your original order, you may return the product(s). Returns will not be accepted without prior authorization and AFPA American Fitness Professionals & Associates issuance of a Return Goods Authorization (RGA) number. All unauthorized returns of merchandise will be returned to sender and a credit will not be issued, unless otherwise specified in advance.

We will issue a credit to your credit card account for product returned with a proper RGA number. Individual bank policies will dictate when this amount is credited to your account.

Shipping

All orders placed on this Website are shipped to your attention.

All orders placed on this Website are subject to product availability. The risk of loss and title for ordered merchandise pass to you upon our delivery to the carrier. This means that product damaged in transit is the carrier’s responsibility and is an issue to be resolved between you and the carrier.

Should a carrier not meet its delivery performance requirements, i.e., next day air, this is an issue to be resolved between you and the carrier.

Shipping & Handling Costs

Shipping and handling costs per order from the Website depend in part upon the products and shipping methods chosen, and please note that shipping and handling costs for many items are weight- and/or size-based.

Errors on the Website

We try to ensure that the information on the Website is accurate, complete and current. Despite our efforts, there will be instances when information about an item contains inaccurate or incomplete data, including data about the item's price or availability. We make no warranty or guarantee that the information on this Website is error-free, complete, or current.

In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information, we will attempt to correct the error where discovered. We reserve the right to revoke any stated offer and to correct any errors, inaccuracies or omissions including after an order has been submitted and 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 canceled, we will issue a credit to your credit card account in the amount of the charge. Individual bank policies will dictate when this amount is credited to your account. If you are not fully satisfied with your purchase, you may return it in accordance with our Return Policy.

Prices and availability are subject to change without notice.

Enforcement of Provisions

These Terms are governed and interpreted pursuant to the laws of the State of New Jersey, United States of America, without reference to its provisions concerning conflicts of law. Any and all dispute(s) concerning the validity or interpretation of these Terms, or performance here under, shall be brought exclusively in a court of competent jurisdiction located in the County of Ocean, State of New Jersey, which shall constitute the exclusive venue for any such dispute(s). If any part of these Terms is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions. AFPA American Fitness Professionals & Associates may revise these Terms at any time by updating this posting.

AFPA American Fitness Professionals & Associates may terminate these Terms at any time, without notice and for any reason. You agree that if any part of these Terms are found to be unenforceable, the remainder of these Terms will remain in full force and effect.

If you have any questions concerning these terms, you may contact our Legal Department:
AFPA American Fitness Professionals & Associates
Attn: Legal Department
P.O. Box 214
Ship Bottom, NJ 08008
Phone: 609.978.7583
Fax: 609.978.7582