Terms of service

The following rules and regulations apply to all the visitors of the URBNFYT website, www.urbnfyt.com (“Site”). By accessing this Site, you acknowledge that you have read, understood, and agree to these terms and conditions.

The contents provided on this Site are protected by law, including, but not limited to, United States Copyright Law and international treaties. This Site is controlled and operated by URBNFYT from its offices within the United States. URBNFYT makes no representation that materials in this Site are appropriate or available for use in other locations and/or access to them from territories where their contents are illegal or prohibited by law.

 

URBNFYT reserves the right to change these rules and regulations from time to time at its sole discretion and will provide notice of material changes on the home page of the Site. Your continued use of the Site, or any Materials or Services accessible through it, after such notice has been posted constitutes your acceptance of the changes.

USE OF INFORMATION

 

All contents on this Site are protected by copyright. Except as specifically noted, no portion of the contents on this Site may be copied, reproduced, republished, uploaded, posted, transmitted, distributed or displayed without the express written consent of URBNFYT. Contents may not be used for derivative works without the express written consent of URBNFYT.

Permission to use contents posted on the Site is provided, so long as (1) it is solely for your personal, non-commercial use; (2) the URBNFYT copyright notice appears in all copies and; (3) contents are not modified in whole or in part. You may not, without URBNFYT written permission, "mirror" any material contained on this Site on any other server. Any unauthorized use of any material contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

 

 

 

OTHER

TRADEMARKS

The trademarks, logos, and service marks (“Marks”) displayed on this Site are the property of URBNFYT or other third parties. Use or reuse of these Marks is not permitted without the prior written consent of URBNFYT or such third party that owns the Mark.

WARRANTIES AND DISCLAIMERS

URBNFYT has attempted to provide accurate information on this website; however, URBNFYT assumes no responsibility for the accuracy or reliability of the information. URBNFYT may change the products, programs, and services mentioned at any time or for any reason without notice. Mention of non-URBNFYT products, programs, or services is for information purposes only and constitutes neither an endorsement nor a recommendation of the product or service.

Visitors and users of this Site may access the Site internationally. The Site may contain references or cross-references to URBNFYT products, programs, and services that are not announced or available in your country. Such reference does not imply that URBNFYT intends to announce or make available such products, programs, or services in your country.

URBNFYT provides this Site, all materials, information (text, graphics, links), products, software, programs, and services on an “as is”, “with all faults” basis without warranties or guarantees of any kind unless otherwise specified. Without limitation, URBNFYT makes no warranty or guarantee that the Site will be uninterrupted, timely, or without error. To the fullest extent permissible pursuant to applicable law, URBNFYT and its suppliers disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, non-infringement, freedom from computer virus, and warranties arising from course of dealing or course of performance. URBNFYT does not represent or warrant that the functions contained in the Site will be uninterrupted or error-free, that defects will be corrected, or that this Site or the server that makes the Site available are free of viruses or other harmful components. URBNFYT does not make any warranties or representations regarding the use of the materials in this Site in terms of their completeness, correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise.

In no event shall URBNFYT be liable for any direct, indirect, special, punitive, incidental, exemplary or consequential, damages, or any damages whatsoever, even if URBNFYT has been previously advised of the possibility of such damages, whether in an action under contract, negligence, or any other theory, arising out of or in connection with the use, inability to use, or performance of the information, services, products, and materials available from this site. These limitations shall apply notwithstanding any failure of essential purpose of any limited remedy. Because some jurisdictions do not allow limitations on how long an implied warranty lasts, or the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to you.

USE OF COOKIES ON THE SITE

URBNFYT uses “cookie” technology. When you first connect to our Site, the cookie identifies your browser with a unique, random number. A cookie file can contain information such as a user ID that the site uses to track the pages you visit. The only personal information a cookie can contain is information you supply yourself. A cookie cannot read data off of your hard disk. Cookies help us understand which parts of our Site are the most popular by watching traffic patterns. We do this to better understand the usefulness of the information we present to our visitors and users and to monitor our navigational structure. URBNFYT does not correlate any site traffic information obtained from cookies with any personally provided information about individual users, nor does URBNFYT share this information or sell it to any third party.

Most browsers are initially set to accept cookies. You can disable this feature or set your browser to notify you when you receive a cookie, giving you the chance to decide whether to accept it. You do not need to have cookies enabled in your browser to access any area of the Site except where specifically indicated.

 

TERMS AND CONDITIONS OF SALE AGREEMENT

AGREEMENT:

The credit application, product quotation, purchase orders, shipping documents and these terms and conditions of sale constitutes a continuing sale Agreement between URBNFYT and Buyer, if any, for the purchase of any product and services to be provided by URBNFYT to Buyer. URBNFYT sales representatives do not have the authority to change or modify the terms and conditions of this Agreement.

PURCHASE ORDER:

Buyer may provide Buyer’s standard form of purchase order to place orders for product and service, but any terms and conditions on such standard form which are in addition to or inconsistent with the terms and conditions of this Agreement will be deemed stricken from such order. If Buyer does not deliver written objection to the terms hereof which are different than those appearing on the Buyer’s purchase order, Buyer agrees to all of URBNFYT’s terms and conditions. All purchase orders shall be made or confirmed in writing and are subject to acceptance by URBNFYT. The Buyer shall be responsible for all costs and fees incurred by URBNFYT for refused shipments, including freight and insurance costs. Orders cancelled less than thirty (30) days from originally scheduled shipment date will be subject to a cancellation fee of 25% of the value of the purchase order.

PRICES:

The prices to be paid by Buyer for all products and services purchased hereunder shall be URBNFYT’s standard prices in effect on the date of URBNFYT’s receipt of Buyer’s purchase order, less any applicable deductions which may be in effect from time to time. URBNFYT reserves the right to change its standard prices and to publish a new price list from time to time and at any time, without prior notice to Buyer. Should any new price result in an increase in the price of any product or services, the increased price shall apply to any Buyer order placed after the effective date of the new price. For orders that are placed for delivery more than ninety (90) days into the future, URBNFYT reserves the right to review and adjust the agreed upon pricing within thirty (30) days of fulfilling the purchase order. In this case, the Buyer has the option of canceling the order with no penalties, if the cancellation is in writing and within ten (10) days of the notification of the price increase. Buyer is solely responsible for any prices it charges to its customer. Nothing in this Agreement shall in any way restrict Buyer’s freedom to sell products at prices determined in accordance with its own judgment. Buyer shall be responsible for all sales, use, or other taxes (other than taxes on URBNFYT’s income or ownership of property), applicable to Buyer’s purchase of products and/or services. Buyer shall pay such taxes when invoiced by URBNFYT or shall supply appropriate tax exemption or resale certificates. Buyer is also responsible for any domestic or foreign forwarding agent or brokerage fees, duties, or other fees and any export licenses which may be necessary to export the products. Seller reserves the right to correct any clerical or mathematical errors at any time.

 

WARRANTY:

EACH NEW URBNFYT PRODUCT WILL CARRY ITS OWN LIMITED WARRANTY AS SET FORTH ON THE OFFICIAL URBNFYT WEBSITE. SUCH WARRANTY WILL BE BUYERS SOLE AND EXCLUSIVE REMEDY FOR ANY BREACH OF WARRANTY AND IS IN LIEU OF ALL OTHER WARRANTIES BY URBNFYT, EXPRESSED OR IMPLIED, INCLUDING CONSEQUENTIAL DAMAGES. ALL PREVIOUSLY USED AND REFURBISHED PRODUCTS AND PRODUCTS USED AS DEMONSTRATION MODELS ARE SOLD "AS IS" WITHOUT WARRANTY UNLESS A WRITTEN WARRANTY IS PROVIDED AT THE TIME OF THE SALE OF "AS IS" EQUIPMENT. OTHERWISE ALL USED, REFURBISHED AND OR DEMONSTRATION EQUIPMENT SOLD IS SUBJECT TO THE FOLLOWING DISCLAIMER: ALL GOODS ARE SOLD "AS IS", "WHERE AT", AND "WITH ALL FAULTS". URBNFYT MAKES NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER MATTER WITH RESPECT TO THE GOODS. IN NO EVENT SHALL URBNFYT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE LOSS OR DAMAGE WHETHER BASED IN CONTRACT, WARRANTY, TORT, NEGLIGENCE, STRICT LIABILITY, STATUTE OR OTHERWISE. PURCHASER ASSUMES ANY AND ALL RESPONSIBILITY AND LIABILITY IN CONNECTION WITH OR ARISING OUT OF THE HANDLING, USE, OPERATION, AND/OR RESELL OF THE GOODS.

PROPER USAGE:

It is imperative that equipment is used properly to avoid injury. Buyer agrees that the equipment will not be used in any way other than as designed or intended by the manufacture.

TERMINATION:

Buyer may not terminate this Agreement except by giving URBNFYT thirty (30) days prior written notice. Upon termination, Buyer will be obligated to pay URBNFYT immediately any and all outstanding balances as of the date of termination.

MISCELLANEOUS:

Force Majeure: Delivery dates as set forth in any sales order or any confirmation thereof shall be determined to be estimates only. URBNFYT shall not be liable for delays in performance of any of its obligation under this Agreement if such failure is caused by the occurrence of any contingency beyond its reasonable control, including but not limited to acts of God, strikes and other industrial disturbances, failure of raw material vendors, terrorism, failure of transport, accidents, wars, riots, insurrections, or orders of government agencies. Performance shall be resumed as soon as possible after cessation of such cause.

Waiver: No failure or delay on the part of either party in exercising any right or remedy hereunder will operate as a waiver thereof, nor will any a single or partial exercise of any such right or remedy preclude any other or further exercise thereof or of any other right or remedy. No provision of this Agreement may be waived except in a writing signed by the party granting such waiver.

Notice: Except as specified herein, all notices, communications and reports required or permitted pursuant to this Agreement shall be in writing, and the same shall be given and shall be deemed to have been delivered and received on the date served, if personally delivered and three (3) days after mailing, if placed in the United States Mail, postage prepaid, certified mail addressed to the parties at the address set forth below or at such other addresses as may be specified hereafter in writing in accordance with this Section.

Severability: In the event that any one or more of the provisions or parts of any provision, contained in this Agreement shall for any reason be held to be invalid, illegal or unenforceable in any aspect by a court of competent jurisdiction, the same shall not invalidate or otherwise affect any other provision hereof, and this Agreement shall be construed as if such invalid, illegal or unenforceable provision, or part of any provision, had never be contained herein.

Applicable Law; Personal Jurisdiction; Venue: This Agreement shall be construed in accordance with, and all disputes hereunder shall be governed by, the laws of the State of California. All parties to this Agreement agree to submit to personal jurisdiction within the State of California, United States of America. Any dispute that arises under or relates to this Agreement (whether contract, tort or both) shall be resolved in the applicable Federal or state court within the State of California, United States of America.

Section Headings: The section headings contained herein are for convenience only and are not intended to affect the meaning or interpretation of this Agreement.

No Agency: This Agreement does not constitute Buyer a partner, employee, agent, franchisee of or joint venture with URBNFYT nor does this Agreement authorize Buyer to represent or act for URBNFYT in any manner. Buyer will have no right or authority to assume or create any obligation of any kind, express or implied, on behalf of URBNFYT nor may Buyer bind URBNFYT in any way whatsoever. Buyer acknowledges that it has not paid URBNFYT any sum of money or any other consideration as a franchise fee or as a condition to signing this Agreement.

Bankruptcy: In the event of any voluntary proceedings in bankruptcy or insolvency by or against Buyer, or in the event of the appointment, with or without Buyer’s consent, of an assignee for the benefit of creditors or a receiver, URBNFYT shall be entitled to cancel any unfilled part of Buyer’s purchase without any liability whatsoever.

Entire Agreement: The entire agreement between the parties is set forth herein and supersedes all prior discussions and agreements between the parties relating to the subject matter hereof.

There are no representations, warranties, covenants, agreements or collateral understandings, oral or otherwise, expressed or implied, affecting this Agreement which are not expressly set forth herein. This Agreement shall not be supplemented or modified by any course of dealing or trade usage.

Attorney’s Fees: If any party institutes any action or proceeding, the prevailing party shall be entitled, in addition to such other relief as may be granted, to be reimbursed by the losing party for all costs and expenses incurred thereby, including, but not limited to, reasonable attorneys' fees (including pre-judgment and post-judgment) and costs.

 

Shipping Policy:

 Shipping point shall be URBNFYT warehouse unless otherwise specified. Risk of loss with respect to URBNFYT products shall pass to Buyer at the time of delivery of the products to the carrier for shipment. The Buyer assumes all risk involved in the transportation and handling of the equipment or goods once it has left the URBNFYT warehouse, including, but not limited to, damage during shipment. The Buyer is advised that inspection should be made of any equipment or goods before accepting delivery. Acceptance of delivery constitutes acceptance of goods. The Buyer must file its own claim for any type of damages directly with the carrier in the event of any loss or damage during transportation, and must make payment for any equipment of goods purchased from URBNFYT regardless of any dispute the Buyer may have with any carrier or agents. URBNFYT will attempt in good faith to ship on or before any scheduled shipment date. Buyer acknowledges that URBNFYT may, from time to time, be subject to manufacturer production or shipping delays. In such event, Buyer agrees that URBNFYT may, in its sole discretion, allocate distribution of URBNFYT’s products among its customers, notwithstanding the effect such allocation may have on Buyer’s outstanding orders, and URBNFYT will not be liable for any damages, however described or arising, for a good faith failure to fill any order or for delay in meeting a scheduled shipment date. URBNFYT may provide reasonable notice to Buyer regarding any material delay in shipment. URBNFYT may make partial shipments of Buyer’s orders. Such partial shipments shall be separately invoiced and paid for when due, without regard to subsequent shipments. Delay in shipment or delivery of any particular installment shall not alone relieve Buyer of its obligation to accept subsequent installments. URBNFYT may provide reasonable notice to Buyer in the event of material delays in connection with partial shipment of an order. URBNFYT will use its best efforts to deliver as specified, but in no event will URBNFYT be liable for any damage, consequential or otherwise, arising from any failure of URBNFYT to meet any delivery date.

Return Policy:

Credit for a return may be issued only on those items that are stock items of standard manufacture and in new, salable condition in the original packaging in unused condition, when return is authorized in advance by URBNFYT. Any such return shall be at the expense and risk of the Buyer and subject to a 25% restocking charge of the original purchase price.

 

Warranty – NuoBell Adjustable Dumbbells

International Warranty – Home use only

This product is not designed or intended for use other than in the home environment. URBNFYT warrants that the NuoBell Adjustable Dumbbells, purchased from URBNFYT and in its undamaged original packaging, is free
from defects in materials and workmanship. URBNFYT will, at their discretion, repair or replace parts that become defective within the warranty period, subject to the specific inclusions and exclusions below.
This warranty is in lieu of all other warranties, express or implied, including, without limitation, the implied warranties of merchantability and fitness for a particular purpose in some states.

Handsets – 2 Year Limited Warranty

URBNFYT will repair or replace any component of or within the Handsets should it fail due to any manufacturing defect in materials or workmanship within 2 years of the original purchase. Warranty does not apply if Handset is dropped.

Weight plates – 2 Year Limited Warranty

URBNFYT will repair or replace any Weight Plate should it fail due to any manufacturing defect in materials or workmanship within 2 years of the original purchase. Warranty does not apply if Handset has been dropped.