TERMS & CONDITIONS

VIRAGO FITNESS WEBSITE PRIVACY POLICY

 

VIRAGO FITNESS is committed to respecting the privacy rights of our customers, visitors, and other users of our website. We created this privacy policy to give you confidence and to demonstrate our commitment to fair information practices and the protection of your privacy. Please remember that this privacy policy is only applicable to the VIRAGO FITNESS website, and not to any other websites that you may be able to access from ours.

 

the information we collect

In order to provide the best online services that we can, we use Google Analytics and other tools to collect information about the use of our website. Through these tools, we automatically track and collect IP addresses, domain servers, types of computers accessing the website, and types of web browsers used to access our site. This information is anonymous and does not personally identify you. We do not combine the information collected through the use of Google Analytics with any personally identifiable information.

Like most other websites, we may also use “cookies” to provide you with content that we think you’ll enjoy. Cookies also allow features like storing your password so you do not have to re-enter it each time you visit the site. You can always erase or disable cookies through the settings in your web browser. 

In order for you to purchase products through our website, we require you to provide us with certain information that personally identifies you. This includes “contact data” such as your name, mailing address, and e-mail address, and “financial data” such as your credit card number. If you communicate with us by e-mail or complete any other online forms, the information you provide in those communications may also be collected.

In addition, we comply with the Children’s Online Privacy Protection Act of 1998, which prohibits collecting personal information from children under the age of 13. If it comes to our attention that we have unknowingly collected information from a child under the age of 13, we will delete it as soon as possible.

 

how we use your information

We use your contact data to get in touch with you when necessary and to send you information about our company or our products. 

We use the financial data that you provide only to process orders and bill you for products and services.  

These uses may involve sharing your personal information on a limited basis with business partners who assist us by performing core services related to our operation of our website (such as hosting, billing, fulfillment, or data storage and security). However, those business partners will only use your personal to carry out their specific business obligations to us.

Your personal information is stored on our secure servers that are not accessible by third parties. We keep your information private and will not share it with third parties, other than explained above, unless we have to in order to comply with a court order or other legal process, protect our rights or property, or enforce our Terms of Use. 

Please feel free to contact us at info@virago-fitness.com to request that we not use or share your personal information in any of the ways mentioned above; to review or request changes to any of your information that we have collected; or to share any questions or concerns about our collection or use of your information. 

 

VIRAGO FITNESS website terms of use

This is a binding agreement regarding the Terms of Use for the VIRAGO FITNESS website. By using the internet site located at VIRAGO-FITNESS.COM (the “Site”) or any services provided in connection with the Site (the “Service”), you agree to these Terms of Use, as they may be amended by VIRAGO FITNESS from time to time in its sole discretion. 

VIRAGO FITNESS is a California business with its offices located in San Diego. 

VIRAGO FITNESS will post a notice on the Site any time these Terms of Use have been changed or otherwise updated. It is your responsibility to review these Terms of Use periodically.  If at any time you find these Terms of Use unacceptable, you must immediately leave the Site and cease all use of the Service and the Site. 

You agree that by using the Site and/or Service you represent that you are at least 18 years old and that you are legally able to enter into this Agreement.

 

privacy

VIRAGO FITNESS' privacy policy, above, is expressly incorporated into this Agreement by this reference.

 

intellectual property

VIRAGO FITNESS and all other names, logos, and icons identifying VIRAGO FITNESS and its products and services are proprietary trademarks of VIRAGO FITNESS. Any use of such marks without the express written permission of VIRAGO FITNESS is strictly prohibited. Nothing stated or implied on the Site confers on you any license or right under any trademark of VIRAGO FITNESS or any third party.  All Content provided on the Site, the “look and feel” of such content, and the selection, coordination, and arrangement of such content, are owned by VIRAGO FITNESS or its third-party licensors.  

All contents of Site are: Copyright © 2015 VIRAGO FITNESS. All rights reserved.

When accessing the Site or using the Service, you agree to obey the law and to respect the intellectual property rights of VIRAGO FITNESS and others. Your use of the Service and the Site is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content (collectively, “Content”) in violation of VIRAGO FITNESS or any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you will be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any Content you provide or transmit. The burden of proving that any Content does not violate any laws or third party rights rests solely with you.

 

orders

It is VIRAGO FITNESS' practice to confirm orders by email, but the receipt of an email order confirmation does not constitute VIRAGO FITNESS' acceptance of an order or their confirmation of an offer to sell a product or service. VIRAGO FITNESS reserves the right, without prior notice and in their sole discretion, to limit the order quantity on any product or service, to refuse service to any customer and/or to refuse access to the Site or Service by any visitor or customer. VIRAGO FITNESS may also require verification of information prior to the acceptance and/or shipment of any order.

 

product information

VIRAGO FITNESS attempts to be as accurate as possible in describing its products, but VIRAGO FITNESS does not warrant or guarantee that product descriptions or other content of the Site are accurate, complete, reliable, current, or error-free. All features and prices of products and services described or depicted on the Site are subject to change at any time without notice. All measurements and similar descriptions are approximate and are provided for convenience purposes only. While VIRAGO FITNESS has made every effort to accurately display the attributes of products on the Site, including colors, the actual color you see will depend on your computer monitor or mobile device, and VIRAGO FITNESS cannot guarantee and does not warrant that your monitor’s or device’s display of any color will be accurate. The inclusion of any products or services on the Site at a particular time does not imply or warrant that those products or services will be available at any time.

 

account registration

If you are required to open an account to use or access the Site or Service, you agree to complete the registration process by providing the complete and accurate information requested on the registration form. You are responsible for maintaining the confidentiality of your password.  You may not use the account, username, or password of someone else. You agree to notify VIRAGO FITNESS immediately regarding any unauthorized use of your account, user name, or password. VIRAGO FITNESS will not be liable for any loss that you incur as a result of someone else using your password, either with or without your knowledge. You may be held liable for any losses incurred by VIRAGO FITNESS due to someone else’s use of your account or password.

 

additional terms

Additional notices, terms, and conditions may apply to the purchase, return, or delivery of products. You agree to abide by such other notices, terms, and conditions, as applicable. If there is a conflict between this Agreement and other notices, terms, and conditions, VIRAGO FITNESS shall resolve any conflict in good faith in its sole discretion.

 

inappropriate content and prohibited uses

You agree not to upload, download, display, perform, transmit, or otherwise distribute any Content that (a) is libelous, defamatory, obscene, pornographic, abusive, or threatening; (b) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation; or (c) advertises or otherwise solicits funds or is a solicitation for goods or services. VIRAGO FITNESS reserves the right to terminate your receipt, transmission, or other distribution of any such material using the Service, and, if applicable, to delete any such material from its servers. VIRAGO FITNESS intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms of Use or of any applicable laws.

VIRAGO FITNESS imposes certain restrictions on your permissible use of the Site and the Service. You are prohibited from violating or attempting to violate any security features of the Site or Service, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Service, the Site, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site or Service, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” (d) using the Site or Service to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Service; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by VIRAGO FITNESS in providing the Site or Service. Any violation of system or network security may subject you to civil and/or criminal liability.

 

violation of these terms 

VIRAGO FITNESS respectfully reserves the right to terminate your use of the Service and/or the Site. To ensure that VIRAGO FITNESS provides a high quality experience for you and for other users of the Site and the Service, you agree that VIRAGO FITNESS or its representatives may access your account and records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third party rights, or other unauthorized uses of the Site or the Service. VIRAGO FITNESS does not intend to disclose the existence or occurrence of such an investigation unless required by law, but VIRAGO FITNESS reserves the right to terminate your account or your access to the Site immediately, with or without notice to you, and without liability to you, if VIRAGO FITNESS believes that you have violated any of the Terms of Use, furnished VIRAGO FITNESS with false or misleading information, or interfered with use of the Site or the Service by others.

 

indemnity 

You agree to indemnify VIRAGO FITNESS for certain of your acts and omissions. You agree to indemnify, defend, and hold harmless VIRAGO FITNESS, its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the Site, your violation of these Terms of Use, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. VIRAGO FITNESS will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.

 

no warranties and limitation of liability 

VIRAGO FITNESS HEREBY DISCLAIMS ALL WARRANTIES. VIRAGO FITNESS IS MAKING THE SITE AVAILABLE “AS IS” WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SITE OR THE SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, VIRAGO FITNESS EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. VIRAGO FITNESS DOES NOT WARRANT THAT THE SITE OR THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.

VIRAGO FITNESS' LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL VIRAGO FITNESS BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR ANY OTHER MATERIALS OR SERVICES PROVIDED TO YOU BY VIRAGO FITNESS. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action.

All products purchased from VIRAGO FITNESS are transported and delivered to you by an independent carrier not affiliated with, or controlled by, VIRAGO FITNESS. Title to products purchased on the VIRAGO FITNESS Site, as well as the risk of loss for such products, passes to you when VIRAGO FITNESS delivers these items to the carrier.

 

affiliated sites

VIRAGO FITNESS has no control over, and no liability for any third party websites or materials. VIRAGO FITNESS works with a number of partners and affiliates whose Internet sites may be linked with the Site. Because neither VIRAGO FITNESS nor the Site has control over the content and performance of these partner and affiliate sites, VIRAGO FITNESS makes no guarantees about the accuracy, currency, content, or quality of the information provided by such sites, and VIRAGO FITNESS assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites. Similarly, from time to time in connection with your use of the Site, you may have access to content items (including, but not limited to, websites) that are owned by third parties. You acknowledge and agree that VIRAGO FITNESS makes no guarantees about, and assumes no responsibility for, the accuracy, currency, content, or quality of this third party content, and that, unless expressly provided otherwise, these Terms of Use shall govern your use of any and all third party content.

 

notice of copyright infringement 

VIRAGO FITNESS' policy is to investigate any allegations of copyright infringement brought to its attention. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want VIRAGO FITNESS to delete, edit, or disable the material in question, you must provide VIRAGO FITNESS with all of the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit VIRAGO FITNESS to locate the material; (d) information reasonably sufficient to permit VIRAGO FITNESS to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notification to be effective, you must provide it to VIRAGO FITNESS at info@virago-fitness.com.

 

general provisions

governing law: These Terms of Use shall be construed in accordance with and governed by the laws of the United States and the State of California, without reference to their rules regarding conflicts of law. You hereby irrevocably consent to the exclusive jurisdiction of the state or federal courts in Santa Barbara County, California, in all disputes arising out of or related to the use of the Site or Service.

severability and waiver: If, for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms of Use to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of these Terms of Use shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.

no license: Nothing contained on the Site should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by VIRAGO FITNESS or by any third party.

modifications: VIRAGO FITNESS may, in its sole discretion and without prior notice, (a) revise these Terms of Use; (b) modify the Site and/or the Service; and (c) discontinue the Site and/or Service at any time. VIRAGO FITNESS shall post any revision to these Terms of Use to the Site, and the revision shall be effective immediately on such posting. You agree to review these Terms of Use and other online policies posted on the Site periodically to be aware of any revisions. You agree that, by continuing to use or access the Site following notice of any revision, you shall abide by any such revision.

 

BY USING THE SERVICE OR ACCESSING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM.