1. Your Acceptance
2. Platform Access
FitForm LLC also reserves the right to terminate a user’s access to the Platform at any time in its sole discretion and without prior notice.
You agree not to use or launch any automated system or technological devices or programs that access the Platform in a manner that sends more request messages to the thedurableathlete.com servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. You further agree not to access, monitor or copy any content or information of this Platform using any robot, spider, scraper or other automated means or any manual process for any purpose. Notwithstanding the foregoing, FitForm LLC grants the operators of public search engines permission to use spiders to copy materials from the Platform for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. FitForm LLC reserves the right to revoke these exceptions either generally or in specific cases, in its sole discretion.
You agree not to collect or use any personally identifiable information (“Personal Information”) including without limitation individual names, account names, email addresses, or other user identifying information from the Platform, nor use the communication systems provided by the Platform for any commercial solicitation purposes, including without limitation to solicit, for commercial purposes, any users of the Platform.
3. Third Party Websites
The Platform may contain links to third party websites that are not owned or controlled by FitForm LLC (thedurableathlete.com). FitForm LLC has no control over and assumes no responsibility for the content, quality, suitability, functionality, legality, privacy policies, or practices of any third party website. You acknowledge and agree that FitForm LLC is not responsible for the content on the internet or on web-pages that are contained outside the Platform. By using the Platform, You specifically release FitForm LLC from any and all liability arising from Your access or use of any third party website, Your correspondence or dealings with other users, advertisers, partners, or other third parties found on or through the Platform, and/or Your participation in promotions, sweepstakes, campaigns, or any other venture hosted, endorsed, or sponsored by other users, advertisers, partners, or other third parties.
4. Intellectual Property Rights
The content on the Platform including without limitation, all text, graphics, images, photos, computer code, software, scripts, multimedia files, interactive features trademarks, service marks and logos (the “Content”) are owned by or licensed to FitForm LLC, and are subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Content on the Platform is provided to You as is for Your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purpose whatsoever without the prior written consent of FitForm LLC or as expressly provided herein. FitForm LLC reserves all rights not expressly granted in and to the Platform and the Content contained therein.
You agree not to engage in the use, copying, or distribution of any of the Content for any commercial purposes. If You download or print any Content for personal use, You must retain all copyright and other proprietary notices contained thereon. You agree not to circumvent, disable or otherwise interfere with security-related features of the Platform or features that prevent or restrict use or copying of any Content or enforce limitations on the use of the Platform or the Content.
Modifications to the Platform
FitForm LLC reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Platform (or any part thereof) with or without notice. FitForm LLC shall not be liable to You or to any third party for any modification, suspension or discontinuance of the Platform.
Termination of Your thedurableathlete.com account includes: (i) removal of access to all pages within the Platform; (ii) deletion of Your password and all related information, files and materials, including User Submissions associated with or inside Your account (or any part thereof); and (iii) barring of further use of the Platform. Further, You agree that all terminations for cause shall be made in FitForm LLC sole discretion and that FitForm LLC shall not be liable to You or any third party for any termination of Your account, any associated email address, or access to the Platform.
7. Warranty & Safety Disclaimer
8. Limitation of Liability
In no event shall FitForm LLC, or any parent, subsidiary, affiliate, successor, director, officer, employee, licensor, distributor, supplier, agent, reseller, owner, or operator of FitForm LLC, be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our Platform, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein, (iv) any interruption or cessation of transmission to or from our Platform, (iv) any bugs, viruses, trojan horses, or the like, which may be transmitted to or through our Platform by any third party, and/or (v) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the Platform, whether based on warranty, contract, tort, or any other legal theory, and whether or not the company is advised of the possibility of such damages. the foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
You specifically acknowledge that FitForm LLC shall not be liable for user submissions or for any defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you. The Platform is controlled and offered by FitForm LLC from its facilities in the United States of America. FitForm LLC makes no representations that the Platform is appropriate or available for use in other locations. Those who access or use the website from other jurisdictions do so at their own volition and are responsible for compliance with local law.
12. Intellectual Property
The thedurableathlete.com Platform is owned by FitForm LLC. No portion of the Platform may be copied, reproduced, displayed, transmitted, or otherwise used for any purpose.
All of the thedurableathlete.com or Durable Athlete mobile app trademarks, including but not limited to the Durable Athlete and the Durable Athlete app are owned by FitForm LLC and may not be used for any purpose without the prior written permission of FitForm LLC.
14. Community Standards Policy
1. Adult Nudity & Sexual Activity
People sometimes share content containing nudity for reasons like awareness campaigns or artistic projects. thedurableathlete.com restricts the display of nudity and sexual activity because some audiences within our global community may be sensitive to this type of content – particularly because of their cultural background or age. In order to treat people fairly and respond to community reports quickly.
2. Hate Speech
thedurableathlete.com removes hate speech when reported or seen by community administrators or moderators. This includes content that directly attacks people based on their:
- National origin
- Religious affiliation
- Sexual orientation
- Sex, gender, or gender identity
- Serious disabilities or diseases
Personal attacks and harassment will not be tolerated. Sexist, racist, misogynist, homophobic, and broad, offensive generalizations about groups of people are simply not allowed. Comments or discussions written intentionally to provoke will also be removed.
People dedicated to promoting hatred against these protected groups are not allowed a presence on thedurableathlete.com or Durable Athlete mobile application.
3. Violence and Graphic Content
thedurableathlete.com and Durable Athlete mobile application is a community where people share their experiences and raise awareness. Sometimes, those experiences and issues involve violence and graphic images that are of public interest or concern, such as human rights abuses or acts of terrorism. Many times when people share this type of content, they are condemning it or raising awareness about it. We remove graphic images when they are reported or seen by community admin or moderators. When people share anything on thedurableathlete.com or the Durable Athlete mobile application, we expect that they will share it responsibly, including carefully choosing who will see that content. We also ask that people warn their audience about what they are about to see if it includes graphic violence. “Thank you for being considerate to our community policy and helping us uphold our community standards.
16. Affiliate Program
Thank you for considering the affiliate program on thedurableathlete.com. Our affiliates are very important to us. This agreement is designed with you in mind, as well as protecting you, thedurableathlete.com, and our customers. Please read thoroughly. If you have any questions, please contact us at firstname.lastname@example.org.
This agreement describes the terms and conditions for participation in the affiliate program on thedurableathlete.com. In this agreement, the term “Affiliate” refers to you (the applicant). In this agreement, “thedurableathlete.com” refers to FitForm LLC, an LLC partnership, with whom you are entering this agreement. By applying to the affiliate program on thedurableathlete.com you are confirming that you have read the agreement and agree to the terms and conditions.
There is one type of Affiliate program on thedurableathlete.com: One-time payment. No sales receive recurring commissions.
For a sale to generate a commission to an Affiliate, the customer must complete the order form and remit full payment for the product. Commissions will only be paid on sales that are made when the customer clicks through qualified, correctly structured Affiliate links. Properly coded links are the sole responsibility of the affiliate. Commissions can be viewed on the Affiliate Dashboard.
Affiliate will receive a 20% commission for each new signup.
An Affiliate can request a payment when their balance reaches a minimum balance of $25 USD. Payments can be requested every 30 days. Payment processing can take up to 15 days from the requested date. Payments will generally be paid out via PayPal.
All sales will receive a 20% commission excluding tax
*Returns & Replacements – We guarantee 100% satisfaction*
If you are unsatisfied with an item that you have purchased, you may return the unused item for an exchange or refund within 30 days of receiving the order (14 -days for digital content). Shipping costs for the return will be covered by the customer unless the item was defective or if the wrong item was shipped.
Durable Athlete Subscription – cancel anytime within 14 days and your account will not be charged. If purchased on www.thedurableathlete.com you can log into your account, go to “my account”, “subscriptions” to cancel your subscription. If purchased through the app, log into the app, go to “profile”, “manage subscription”,”app” and unsubscribe.
*Please Note The Following Conditions Apply:*
– Shipping charges are not refunded when you return an item.
– A $5.00 processing fee will be added to any returns
– Items must be in new, resalable condition. Clothing items must have tags attached to be returnable and all merchandise must be unwashed and unworn.
– If we do not have your requested exchange item on hand, we may issue a refund or store credit for your returned merchandise instead. We will make every effort to fulfill exchange requests whenever possible
– ALL MARKED SALE ITEMS ARE FINAL SALE
In the event a customer requests a refund for a transaction for which the Affiliate has earned commissions, any commissions earned on the refund amount will be deducted from the Affiliate’s balance.
Usage and Obligations
Affiliates are permitted to use the thedurableathlete.com brand and marketing resources available to you upon request. Logos and other assets cannot be modified. The Affiliate does not gain any trademark, copyright, or any other rights to these materials.
The Affiliate will never imply that they are acting on behalf of thedurableathlete.com and will never advertise thedurableathlete.com products directly. The Affiliate will never bid for advertisements that compete with thedurableathlete.com
The Affiliate will never represent themselves, thedurableathlete.com or their relationship with thedurableathlete.com in a false or misleading way.
The Affiliate will not engage in the distribution of an unsolicited bulk email (spam) mentioning or referencing thedurableathlete.com.
Term and Termination
Either party has the right to terminate the agreement immediately without prior notice.
If the Affiliate terminates the agreement, no further commissions from thedurableathlete.com will be paid for any past or future customer transactions.
If thedurableathlete.com chooses to terminate the agreement, any balance greater than $25 USD will be paid to the affiliate within 30 days of termination. Balances that are smaller than $25 will be forfeited.
This Agreement shall be governed, construed, and enforced in accordance with the laws of the State of Texas, without regard to its conflict of laws rules.
All claims and disputes arising under or relating to this Agreement are to be settled by binding arbitration in the State of Texas. An award of arbitration may be confirmed in a court of competent jurisdiction.
We may modify any of the terms and conditions within this Agreement at any time and at our sole discretion. These modifications may include, but not limited to changes in the scope of available commissions, commission schedules, payment procedures, and Affiliate Program rules.