This privacy notice discloses the privacy practices for FitnessProDirect.com. This privacy notice applies solely to information collected by this web site. It will notify you of the following:
1. What personally identifiable information is collected from you through the web site, how it is used and with whom it may be shared.
4. How you can correct any inaccuracies in the information.
We are the sole owners of the information collected on this site. We only have access to/collect information that you voluntarily give us via email or other direct contact from you. We will not sell or rent this information to anyone.
We will use your information to respond to you, regarding the reason you contacted us. We will not share your information with any third party outside of our organization, other than as necessary to fulfill your request, e.g. to ship an order.
You may opt out of any future contacts from us at any time. You can do the following at any time by contacting us via the email address given on our website:
- See what data we have about you, if any.
- Change/correct any data we have about you.
- Have us delete any data we have about you.
- Express any concern you have about our use of your data.
We take precautions to protect your information. When you submit sensitive information via the website, your information is protected both online and offline.
Wherever we collect sensitive information (such as credit card data), that information is encrypted and transmitted to our merchant provider, Authorize.net. FitnessProDirect.com does not have access to your credit card information. All transactions (charges and refunds) are conducted on Authorize.net. All purchases are via a secure site. You can verify this by looking for a closed lock icon at the bottom of your web browser, or looking for "https" at the beginning of the address of the web page.
While we use encryption to protect sensitive information transmitted online, we also protect your information offline. The servers in which we store personally identifiable information are kept in a secure environment.
SHOE RENTAL PROGRAM TERMS
Terms and Conditions
1. Acceptance of Terms and Conditions
These Terms and Conditions govern your use of FitnessProDirect ®, “the site,” Shoe Rental Service. By visiting or browsing the Site, you accept these Terms and Conditions and any modifications made to them from time to time.
The Service allows customers to access the Site and borrow products from FitnessProDirect ® in accordance with these Terms and Conditions. Customers also agree to comply with any terms, conditions, or policies that FitnessProDirect ® may provide to users from time to time on the site once an online purchase is complete. The customer can choose shoes to borrow from our available inventory and have them shipped to the customer’s address. All of this with no due dates or limits on the number of times a customer can borrow. However, we reserve the right to ask for a deposit and/or limit the number of items that a customer may borrow at any time and/or to require the return of any or all borrowed shoes in your possession in the event you fail to make required payments on time or in the event other factors arise which, in our sole discretion, increase the risk of non-timely payment by you. The current monthly borrowing rates are outlined in detail on the Site. Also, the current shipping policies governing the delivery and return of products are detailed on the Site. Delivery time for products you have selected to borrow may vary based upon (a) inventory availability, (b) your delivery address, (c) when you place an order, and (d) other circumstances impacting delivery that are beyond our control. Accordingly, FitnessProDirect ® makes no guarantees as to actual delivery time. We will send you an email letting you know when your shoes have shipped. The borrowing period begins the borrowing period begins the date your shoes are shipped and charged monthly on that date. The risk of loss for items shipped passes to you upon our delivery to the carrier, UPS or USPS.
Customers will NOT be charged for normal wear and tear of an item as insurance is included in the rental fee of every rental item to account for this. However, if you return an item with excessive or abusive damage exceeding normal wear and tear, as determined by FitnessProDirect ® in its sole discretion, you agree that FitnessProDirect ® may charge your credit card and collect a replacement fee for such an item. The item replacement fee varies depending on the specifics of each shoe and is disclosed to you at the time of borrowing. Also this does not cover the theft or loss of an item and therefore you will be responsible for the full retail price of the time immediately. Rental fees will continue to accrue until the payment is received in full. Also FitnessProDirect ® reserves the right to close your account at any time if we notice multiple cases of excessive damage or abuse to the shoes you have rented.
When you checkout online and/or sign the agreement to rent shoes, you will be required to provide FitnessProDirect ® accurate, complete and current credit card information for a valid credit card that you are authorized to use. By signing up for the Service, you authorize FitnessProDirect ® or its agent to bill your credit card for the applicable per-item or borrowing fees, shipping charges, any and all applicable taxes, and any other charges you may incur in connection with your use of the Service. Other fees will be charged to your credit card as you incur them.
If FitnessProDirect ® does not receive payment from your credit card provider or if your credit card expires or is rejected, you agree to pay all amounts due upon demand. Following any such non-payment, we may require you to provide a second valid credit card before continuing to use the Services and you authorize FitnessProDirect ® to charge outstanding fees and other amounts due us against any credit card you have on file with us. FitnessProDirect ® reserves the right to take all steps necessary to collect amounts due from you, including but not limited to legal action and/or using third party collection agencies. FitnessProDirect ® reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment.
You are solely responsible for any and all fees charged to your credit card by the issuer, bank, or financial institution including, but not limited to, overdraft, insufficient funds, and over the credit limit fees. You agree to notify us about any billing problems or discrepancies within 90 days after they first appear on your Account statement. If you do not bring them to our attention within 90 days, you agree that you waive your right to dispute such problems or discrepancies.
3. Actual Damages, Liquidated Damages, Attorneys' Fees and Costs
Actual Damages- In the case of a failure to pay any debts or to return any item(s) when due to Fitness Pro Direct ® (hereinafter, a "default"), you will be liable to FitnessProDirect for its ACTUAL DAMAGES, including but not limited to the then-current rental payment for each item until said item is received FitnessProDirect in an undamaged condition. If said item has not been returned in an undamaged condition before the expiration of 90 days after the date of default, then FitnessProDirect ® at its option may alternatively charge you the MSRP as maintained by FitnessProDirect for that item, plus 90 days rent from the date of default, or seek to recover the wrongfully-retained item plus all rent owed to the date of recovery of the undamaged item. If suit is filed, FitnessProDirect ® may assert these measures of damage simultaneously. If an item is not recovered, or if it is recovered in a damaged condition, then FitnessProDirect ® will charge you the MSRP as maintained by FitnessProDirect for said item, plus 90 days rent from the date of default.
Liquidated Damages- FitnessProDirect ® spends significant internal resources on its efforts to reduce and recover losses flowing from customer non-payments, from the theft and/or wrongful retention of its products, and from other improper, negligent or fraudulent acts. Because the amount of these internal losses are extremely difficult to calculate, you agree that FitnessProDirect is also entitled to collect LIQUIDATED DAMAGES-IN ADDITION TO ITS ACTUAL DAMAGES-if FitnessProDirect commences collection or legal action to recover any amounts due from you, and/or to recover property wrongfully retained by you. In all cases, the LIQUIDATED DAMAGES will consist of a $500 per-item charge for each item that remains unpaid and/or unreturned at the time that FitnessProDirect commences collection or legal action, which sum is intended to compensate for the expenditure of FitnessProDirect’s internal resources as a result of your breach of contract, fraud or other wrongful or negligent acts.
Attorneys' Fees, Costs and Interest- FitnessProDirect ® commences litigation to recover its property from you, to recover ACTUAL DAMAGES, and/or to recover LIQUIDATED DAMAGES; you agree that the substantially prevailing party will be entitled to recover its reasonable attorneys' fees and expenses of litigation. You further agree that FitnessProDirect ® will be entitled to recover prejudgment interest on its ACTUAL DAMAGES and it's LIQUIDATED DAMAGES from the date of default to the date of judgment entry at the rate of 12% per annum.
You agree to indemnify and hold FitnessProDirect ®, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the Service in violation of these Terms and Conditions and/or arising from a breach of these Terms and Conditions.
You agree that we, in our sole discretion, may terminate your password, Account, or use of the Service or the Site for any reason, including, without limitation, for lack of use or if we believe that you have violated or acted inconsistently with the letter or spirit of these Terms and Conditions. Also, we may, in our sole discretion and at any time, discontinue providing the Service or the Site, or any part thereof, with or without notice. You agree that any termination of your access to the Service or the Site may be effected without prior notice, and you acknowledge and agree that we may immediately suspend, deactivate or delete your Account and all related information and Submissions made from your Account and bar any further access to such information or to the Site. Further, you agree that we will not be liable to you or any third-party for any suspension or termination of the Service or your access to the Site.
All applicable local, city, and state taxes are your responsibility. You agree to pay these taxes.