PRIVACY POLICY AND TERMS AND CONDITIONS OF USE
Privacy Policy
Your privacy and personal information are very important to us. We want you to be comfortable accessing and interacting with our website. Although this website may use cookies to establish a connection, it is not used to store any personal data from your computer for use or distribution. We do track each page within the website to find out which pages are of more use to the visitors of our site than other pages. However, we do not track any Personal Identifiable Information (“PII”) that you do not provide. Any PII that you do provide, we do not track or distribute without your consent. In instances where we do ask for additional information, it is for options within this site that you have chosen to have additional access to. This information can include: your name, physical address, billing address (if different from physical address), email address, telephone number and other information; such as: weight, height, and or credit card number, expiration date, and security pin.
Please remember that this privacy policy only applies to information collected on our website. We are not responsible for information you freely provide to any other member of the website, within a forum, in/on a post, through a chat session, blog, personal page, personal profile, etc.
Thelexiana Enterprises, LLC dba Fit2start do not take specific steps to protect the privacy of children who access this website and disclose personal information to other users of this website. If we are made aware of specific incidence where there is a violation of the legal guidelines within the jurisdiction this has occurred, we will cooperate to the fullest extent required by the applicable laws within that jurisdiction.
As stated, we may use cookies in various areas of the website. Cookies are small text files that are placed on your computer or mobile device in order to identify you and your activities on our website. They also allow you to log in one time on the site per instance instead of having to log in continuously in order to stay online. However, there may be instances when you are timed out of the website and you will have to log onto the website again. This is for security reasons in an attempt to avoid anyone’s ability to access your account from your location without your permission. Cookies can help to establish a time period at which time you will be logged off of our website for your protection.
Thelexiana Enterprises, LLC dba Fit2start encourages you to learn as much as you can about internet privacy in an effort to ensure that your privacy is protected by all means possible. This includes but is not limited to understanding your child(ren)’s use of the Internet and the websites they go to.
From time to time, we make changes to our website in an effort to improve upon the use and functionality. In addition, we may also make updates and/or changes to our privacy policy. In doing so, we will send out a notification to all users of this website advising them to review the updated privacy policy. Once we have notified you of any changes to the privacy policy, we will take your continued use of the website as acceptance of the updated privacy policy.
Through our website, there may be opportunities to purchase products or services through third party sellers or fitness professionals. Thelexiana Enterprises, LLC dba Fit2start does not condone the use of our website for sales of products or services within the site that are not part of Thelexiana Enterprises, LLC dba Fit2start. However, some people within the site may make attempts to contact you directly through variable means. If this happens, Thelexiana Enterprises, LLC dba Fit2start recommends that you do not give out any PII without first verifying the authenticity of the person who is trying to provide these products or services.
Some users of this site may be authorized to offer services to users of the website that have chosen to provide their PII. If so, that is an agreement between those users. If you would like to verify who these individuals are, you can contact us directly to provide you with a list of people who are authorized to provide services. Even though they are authorized to provide services, they are not employees of Thelexiana Enterprises, LLC dba Fit2start, and do not represent Thelexiana Enterprises, LLC dba Fit2start.
YOUR USE OF THIS WEBSITE IS GOVERNED BY THESE TERMS AND CONDITIONS
Please take a few minutes to review these Terms and Conditions. Your use of this website constitutes your agreement to follow these rules and to be bound by them. If you do not agree with any of these Terms and Conditions, do not use the www.fit2start.com website.
THESE TERMS AND CONDITIONS MAY CHANGE
Thelexiana Enterprises, LLC reserves the right to update or modify these Terms and Conditions at any time without prior notice. Your use of this website following any such change constitutes your agreement to follow and be bound by the Terms and Conditions as changed. For this reason, we encourage you to review these Terms and Conditions whenever you use this website.
COPYRIGHT NOTICE
All of the Content you see and hear on the www.fit2start.com website, including, for example, all of the page headers, images, illustrations, graphics, audio clips, video clips and text, are subject to trademark, service mark, trade dress, copyright and/or other intellectual property rights or licenses held by Thelexiana Enterprises, LLC and/or the contributing editors of specific articles. The entire Content of this website is copyrighted as a collective work under U.S. copyright laws, and Thelexiana Enterprises, LLC owns a copyright in the selection, coordination, arrangement and enhancement of the Content.
The Content of this website, and the site as a whole, is intended solely for personal, noncommercial use by the users of our site. You may download, print and store selected portions of the Content provided you (1) only use these copies of the Content for your own personal, non–commercial use, (2) do not copy or post the Content on any network computer or broadcast the Content in any media, and (3) do not modify or alter the Content in any way, or delete or change any copyright or trademark notice.
No right, title or interest in any downloaded materials is transferred to you as a result of any such downloading. Thelexiana Enterprises, LLC reserves complete title and full intellectual property rights in any Content you download from this website.
Except as noted above, you may not copy, download, reproduce, modify, publish, distribute, transmit, transfer or create derivative works from the Content without first obtaining written permission from Thelexiana Enterprises, LLC.
SUBMISSIONS
We welcome your comments regarding this website. However, any comments, feedback, notes, messages, ideas, suggestions or other communications (collectively, "Comments") sent to Thelexiana Enterprises, LLC shall be and remain the exclusive property of Thelexiana Enterprises, LLC. Your submission of any such Comments shall constitute an assignment to Thelexiana Enterprises, LLC of all worldwide rights, titles and interests in all copyrights and other intellectual property rights in the Comments. Thelexiana Enterprises, LLC will be entitled to use, reproduce, disclose, publish and distribute any material you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any comments that you do not wish to assign to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork.
ELECTRONIC COMMUNICATIONS
When you visit www.fit2start.com or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
RISK OF LOSS
All items purchased from www.fit2start.com are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
PRODUCT DESCRIPTIONS
Thelexiana Enterprises, LLC attempts to be as accurate as possible. However, Thelexiana Enterprises, LLC does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by Thelexiana Enterprises, LLC itself is not as described, your sole remedy is to return it in unused condition.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY THELEXIANA ENTERPRISES, LLC ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. THELEXIANA ENTERPRISES, LLC MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, THELEXIANA ENTERPRISES, LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THELEXIANA ENTERPRISES, LLC DOES NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; THEIR SERVERS; OR E-MAIL SENT FROM THELEXIANA ENTERPRISES, LLC ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THELEXIANA ENTERPRISES, LLC WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
APPLICABLE LAW
By visiting www.fit2start.com, you agree that the laws of the state of California, without regard to principles of conflict of laws, will govern these Terms and Conditions and any dispute of any sort that might arise between you and Thelexiana Enterprises, LLC.
DISPUTES
Any dispute relating in any way to your visit to www.fit2start.com or to products or services sold or distributed by Thelexiana Enterprises, LLC or through www.fit2start.com shall be adjudicated in any state or federal court in Alameda County, California, and you consent to exclusive jurisdiction and venue in such courts.
ENFORCEMENT OF TERMS AND CONDITIONS
BY ACCESSING AND USING THE WWW.FIT2START.COM WEBSITE, YOU AGREE THAT YOUR ACCESS TO AND USE OF THIS WEBSITE IS SUBJECT TO THESE TERMS AND CONDITIONS, AS WELL AS ALL APPLICABLE LAWS, AS GOVERNED AND INTERPRETED PURSUANT TO THE LAWS OF THE STATE OF CALIFORNIA, UNITED STATES OF AMERICA.
