Terms and Conditions

TERMS OF SERVICE
Last Updated: 03/24/2025

This website is operated by Lifeprofitness. Throughout this document, the terms “we”, “us”, and “our” refer to Lifeprofitness. Lifeprofitness offers this website—including all information, tools, and services available here—to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated below.

By visiting our site and/or purchasing products from us, you engage in our “Service” and agree to be bound by the following Terms of Service (“Terms”), including any additional terms and conditions and policies referenced herein or available by hyperlink. These Terms apply to all users of the site, including (but not limited to) browsers, vendors, customers, merchants, and/or contributors of content.

Please read these Terms of Service carefully before accessing or using our website and services. If you do not agree with these Terms, please do not access or use our website. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc., which provides an online e-commerce platform that enables us to sell our products and services to you.

 

 

SECTION 1 – ONLINE STORE TERMS

  • Eligibility: By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority and have given us your consent to permit any of your minor dependents to use this site.

  • Lawful Use: You agree not to use our products or services for any illegal or unauthorized purpose, and you will not violate any applicable laws, including copyright laws, while using our Service.

  • Prohibited Conduct: You may not transmit any worms, viruses, or other code of a destructive nature. A breach of any of these Terms may result in the immediate termination of your access to our Service.


SECTION 2 – GENERAL CONDITIONS

  • Service Refusal: We reserve the right to refuse service to anyone for any reason at any time.

  • Data Transmission: Be aware that any information you transmit (other than sensitive information such as credit card details, which are always encrypted during transfer) may be transferred unencrypted and might be subject to changes in transmission protocols.

  • Intellectual Property: You agree not to reproduce, duplicate, copy, sell, resell, or otherwise exploit any portion of the Service without our express written permission.

  • Headings: The headings used in this agreement are provided for convenience only and will not affect the interpretation of these Terms.


SECTION 3 – ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION

  • Disclaimer on Information: We do not guarantee the accuracy, completeness, or timeliness of the information provided on our site. Any reliance you place on such information is at your own risk.

  • Historical Information: Some content may be historical in nature and is provided for reference only. We reserve the right to modify the contents of the site at any time without obligation to update any information.

  • Your Responsibility: It is your responsibility to check the website periodically for updates and changes.


SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES

  • Price Changes: Prices for our products are subject to change without notice.

  • Service Modifications: We reserve the right to modify or discontinue the Service (or any part thereof) at any time without notice. We shall not be liable for any modification, price change, suspension, or discontinuation of the Service.


SECTION 5 – PRODUCTS OR SERVICES

  • Online Exclusive Products: Certain products or services may be available exclusively online and may be subject to return or exchange as described in our Return Policy.

  • Product Descriptions: We strive to display accurate product descriptions, but we do not guarantee that your computer monitor’s display of any color or image will be accurate.

  • Limitations: We reserve the right to limit the sales of products or services to any person, region, or jurisdiction, on a case-by-case basis. All product descriptions and pricing are subject to change without notice.


SECTION 6 – BILLING AND ACCOUNT INFORMATION

  • Order Acceptance: We reserve the right to refuse any order you place with us. We may limit or cancel orders at our sole discretion, based on factors including customer account, credit card information, billing, and shipping address.

  • Accurate Information: You agree to provide current, complete, and accurate purchase and account information for all purchases made through our site and to update such information as necessary.

  • Notification: In the event of order modification or cancellation, we may attempt to contact you by email, phone, or postal mail.


SECTION 7 – OPTIONAL TOOLS

  • Third-Party Tools: From time to time, we may provide access to third-party tools. We do not monitor or control these third-party services and are not responsible for their content or functionality.

  • Your Use of Tools: Use of any third-party tools is entirely at your own risk and subject to the terms provided by the relevant third party.


SECTION 8 – THIRD-PARTY LINKS

  • Links to Other Sites: Our Service may include links to third-party websites that are not controlled by us. We are not responsible for the content or practices of any third-party site, and the inclusion of a link does not imply endorsement.

  • External Policies: Once you leave our site, you are subject to the privacy policies and terms of the external site.


SECTION 9 – USER COMMENTS, FEEDBACK, AND SUBMISSIONS

  • Submission Terms: If you voluntarily provide creative ideas, suggestions, or other feedback (“Comments”), you grant us an irrevocable, non-exclusive, royalty-free license to use and publish such Comments in any form.

  • No Confidentiality: We are not obligated to keep your Comments confidential, nor are we required to respond to them.

  • User Responsibility: You are solely responsible for any Comments you provide, and you represent that they do not infringe on the rights of any third party.


SECTION 10 – PERSONAL INFORMATION

  • Privacy Policy: Any personal information you submit is governed by our Privacy Policy. For more details, please review our Privacy Policy.


SECTION 11 – ERRORS, INACCURACIES, AND OMISSIONS

  • Accuracy of Content: Occasionally, errors or inaccuracies may appear on our site. We reserve the right to correct any errors or omissions and to update information without prior notice.

  • No Obligation: We are under no obligation to update any information on the site or in the Service, except as required by law.


SECTION 12 – PROHIBITED USES

You agree not to use the Site or Service to:

  • Engage in illegal activities.

  • Solicit or engage others in illegal acts.

  • Violate any applicable local, state, national, or international law.

  • Infringe on any intellectual property or other proprietary rights.

  • Harass, abuse, or harm any individual.

  • Transmit viruses, malware, or any destructive code.

  • Collect or store personal data about other users without their explicit consent.

  • Engage in unauthorized data scraping, spamming, or other forms of unwanted communications.

  • Interfere with or disrupt the operation of the Site or any networks connected to the Site.

Violations may result in immediate termination of your access to the Service.


SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

  • “As Is” Basis: The Service is provided on an “as is” and “as available” basis, without any warranties of any kind, either express or implied.

  • No Guarantee: We do not guarantee that the Service will be uninterrupted, error-free, or secure.

  • Liability Limitations: In no event shall Lifeprofitness or its affiliates be liable for any direct, indirect, incidental, punitive, or consequential damages arising out of or related to your use of the Service. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages; in such jurisdictions, our liability shall be limited to the maximum extent permitted by law.


SECTION 14 – INDEMNIFICATION

You agree to indemnify and hold harmless Lifeprofitness, its affiliates, directors, officers, employees, and agents from any claims, damages, liabilities, and expenses (including reasonable attorneys’ fees) arising out of or related to your use of the Service or your breach of these Terms.


SECTION 15 – SEVERABILITY

If any provision of these Terms is determined to be unlawful, void, or unenforceable, the remaining provisions shall remain in full force and effect.


SECTION 16 – TERMINATION

  • Termination Rights: These Terms will remain in effect until terminated by either party. You may terminate these Terms at any time by ceasing your use of the Service.

  • Breach: If we suspect a breach of these Terms, we may terminate your access immediately without notice. You remain liable for all amounts due up to and including the termination date.

  • Surviving Provisions: All provisions that by their nature should survive termination (including liability, indemnity, and dispute resolution) shall survive.


SECTION 17 – ENTIRE AGREEMENT

These Terms, along with our Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and Lifeprofitness with respect to the use of the Service. No prior or contemporaneous agreements shall have any force or effect.


SECTION 18 – GOVERNING LAW

These Terms shall be governed by and construed in accordance with the laws of New York, without regard to its conflict of law principles. You agree that any legal action or proceeding related to these Terms shall be brought exclusively in the courts located in Staten Island, New York.


SECTION 19 – CHANGES TO TERMS OF SERVICE

We reserve the right to update or change these Terms at any time. You are responsible for regularly reviewing these Terms. Your continued use of the Site or Service after any changes constitutes acceptance of the new Terms.


SECTION 20 – CONTACT INFORMATION

If you have any questions about these Terms of Service, please contact us at:
Email: info@lifeprofitness.com


SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS

In addition to the general Terms of Service, by opting into our mobile messaging program (the “Program”), you agree to the following terms:

  • Purpose: The Program is intended to send you SMS/MMS messages regarding the marketing, promotion, payment, delivery, and sale of our fitness and wellness equipment—including checkout reminders and other updates.

  • Consent to Contact: By providing your mobile phone number, you consent to receive text messages (which may be sent via autodialer or prerecorded messaging systems). Your mobile number is used solely for communication-related to the Program and is not shared with any third parties. Message and data rates may apply.

  • Frequency: Message frequency will vary based on your interactions with us. You may receive recurring messages.

  • Opt-Out Instructions: To opt out of the Program, reply with STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any message received from us. Only these exact keyword commands will be recognized. Any other method of opting out (including modified keywords) will not be accepted.

  • Duty to Notify: If you change or cancel your mobile phone number, you must opt-out using the procedures above before discontinuing your phone service. Failure to do so may result in continued charges or obligations as outlined herein.

  • Support: For help with the Program, text “HELP” to the sender’s number or contact us at support@lifeprofitness.com. (Please note: Email cannot be used to opt-out.)

  • MMS Disclaimer: If your device does not support MMS, you may receive SMS messages instead.

  • Disclaimer and Limitation: The Program is provided “as is” and may be subject to delays or failures caused by your wireless carrier’s network or coverage. We are not liable for any delays or failures in message delivery.

  • Participant Requirements: You must have a wireless device capable of two-way messaging and be subscribed to a text messaging plan with a participating carrier. Not all carriers support participation.

  • Age Restriction: You must be at least 13 years old. If you are between 13 and 18 years old, you must have permission from a parent or guardian to participate in the Program.

  • State Law Compliance:

    • Florida: For compliance purposes, if you are deemed a Florida resident (based on your shipping address or phone area code), you agree that mobile messages sent by us in response to your requests do not constitute a “telephonic sales call” as defined by Florida law.

    • Washington: If you are deemed a Washington resident (based on your phone area code), you agree to our compliance with applicable Washington commercial telephone solicitation laws.

  • Dispute Resolution: Any disputes concerning the Program will be resolved through binding, individual-only arbitration, as detailed in the dispute resolution provisions below. The arbitration will be conducted in the appropriate jurisdiction as specified herein. Class or representative actions are not permitted.

  • Dispute Resolution Process:
    In the event of a dispute, claim, or controversy arising out of or relating to the Program, the parties agree to submit the matter to binding arbitration in the jurisdiction specified in the applicable section of this agreement. The arbitration will be conducted under the rules of the American Arbitration Association (AAA), and the decision will be final and binding. Each party will bear its own fees, except as may be awarded by the arbitrator.

  • Miscellaneous: You warrant that you have the legal authority to enter these Mobile Messaging Terms and that nothing in these terms conflicts with any other agreement you may have with us.