Acceptance of Contract Terms
The following forms a legal agreement between you and Sunny Health & Fitness. By using, accessing, browsing, linking, transacting on, or purchasing from this site you are acknowledging that you have read, understood, and agree to be bound by these terms and all applicable laws and regulations. If you do not agree to these terms please do not use this site.
You represent and warrant that you are at least 18 years old or visiting the Site under the supervision of a parent or guardian. Subject to the terms and conditions of this Agreement, sunnyhealthfitness.com hereby grants you a limited, revocable, non-transferable and non-exclusive license to access and use the Site by displaying it on your internet browser only for the purpose of shopping for personal items sold on the Site and not for any commercial use or use on behalf of any third party, except as explicitly permitted by sunnyhealthfitness.com in advance. Any breach of this Agreement shall result in the immediate revocation of the license granted in this paragraph without notice to you.
Except as permitted in the paragraph above, you may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile or otherwise exploit this Site or any portion of it unless expressly permitted by sunnyhealthfitness.com in writing. You may not make any commercial use of any of the information provided on the Site or make any use of the Site for the benefit of another business unless explicitly permitted by sunnyhealthfitness.com in advance. Sunnhealthfitness.com reserves the right to refuse service, terminate accounts, and/or cancel orders in its discretion, including, without limitation, if sunnhealthfitness.com believes that customer conduct violates applicable law or is harmful to sunnyhealthfitness.com’s interests.
You shall not upload to, distribute, or otherwise publish through this Site any Content, information, or other material that (a) violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person; (b) is libelous, threatening, defamatory, obscene, indecent, pornographic, or could give rise to any civil or criminal liability under U.S. or international law; or (c) includes any bugs, viruses, worms, trap doors, Trojan horses or other harmful code or properties. sunnyhealthfitness.com may assign you a password and account identification to enable you to access and use certain portions of this Site. Each time you use a password or identification, you will be deemed to be authorized to access and use the Site in a manner consistent with the terms and conditions of this Agreement, and sunnyhealthfitness.com has no obligation to investigate the authorization or source of any such access or use of the Site.
You will be solely responsible for all access to and use of this site by anyone using the password and identification originally assigned to you whether or not such access to and use of this site is actually authorized by you, including without limitation, all communications and transmissions and all obligations (including, without limitation, financial obligations) incurred through such access or use. You are solely responsible for protecting the security and confidentiality of the password and identification assigned to you. You shall immediately notify sunnyhealthfitness.com of any unauthorized use of your password or identification or any other breach or threatened breach of this Site’s security. After registering, you will receive our newsletters with information about sales, coupons, and special promotions. You can unsubscribe by using the link from any email newsletter or your personal subscribe setting after logged in. Default Subscription for Newsletter for Registered Users.
Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs, video clips, and written and other materials that appear as part of this Site (collectively, the “Contents”) are copyrights, trademarks, trade dress and/or other intellectual properties owned, controlled or licensed by Sunny Health & Fitness. Except as stated herein, none of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise without the prior written permission of Sunny Health & Fitness. Permission is granted to display, copy or distribute and download the materials on this site for personal, non-commercial use only, provided you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials. This permission terminates automatically if you breach any of these terms or conditions or upon the request of Sunny Health & Fitness. Upon termination you must immediately destroy any downloaded and printed materials. You also can not “mirror” any material contained on this site. Any unauthorized use of any material contained on this site may violate copyright laws, trademark laws, and various other regulations and statutes.
The logos used and displayed on this site are registered and unregistered Trademarks of Sunny Health & Fitness and its subsidiary brands. Nothing on this site should be construed as granting, by implication or otherwise, any license or right to use any logos displayed on this site without the written permission of the Trademark owner. Sunny Health & Fitness enforces its intellectual property rights to the fullest extent of the law. Sunny Health & Fitness prohibits use of the Sunny Health & Fitness logo as a “hot” link to the Sunny Health & Fitness site unless establishment of such a link is approved in advance by Sunny Health & Fitness in writing.
Disclaimer of Warranty
THIS SITE AND ALL CONTENTS OF THE SITE ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF OUR SITE, AND THAT TEA SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THIS SITE.
Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL SUNNY HEALTH & FITNESS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, HARM TO EQUIPMENT AND/OR PERSONAL INJURY OR DEATH, HARM OR DEATH TO PETS, ARISING OUT OF THE USE, OR THE INABILITY TO USE, THE MATERIALS OR PRODUCTS SOLD ON THIS SITE, EVEN IF SUNNY HEALTH & FITNESS OR A SUNNY HEALTH & FITNESS AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF MATERIALS OR PRODUCTS FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF ANY ITEM YOU ASSUME ANY COST THEREOF. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
From time to time there may be information on sunnyhealthfitness.com that contains typographical errors, inaccuracies, or omissions. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. We apologize for any inconvenience this may cause you.
Although Sunny Health & Fitness has made every effort to display our products in price, size, color and availability as accurately as possible, In the event a product is listed at an incorrectly or specification due to a typographical or any other error, Sunny Health & Fitness is not responsible for typographical errors regarding price or any other matter. If your credit card has already been charged for a purchase and the order is canceled, Sunny Health & Fitness will issue a credit to your credit card account in the amount charged.
Order Acceptance Policy
Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. Sunny Health & Fitness reserves the right at any time after receipt of your order to accept or decline your order for any reason.
Sales Taxes and Shipping
Sunny Health & Fitness will collect applicable sales tax and/or shipping charges on Products shipped to the states for which we determine we have a duty to collect sales tax. If an item is subject to sales tax, you agree that the amount of taxes shown at checkout may be adjusted to comply with our obligations to collect such taxes. Each customer shall be solely responsible for all sales taxes, or other taxes, on orders shipped to any other location. All shipping delivery schedules and arrival dates are approximations. Sunny Health & Fitness does not guaranty delivery by any specific date.
Children’s Online Policy
Sunnyhealthfitness.com sells products intended for purchase by adults. If you make a purchase on sunnyhealthfitness.com, you are representing that you are an adult over the age of 18. At no time are any products sold on this site are to be used for children or pets.
Links to Third-Party Web Sites
To the extent that this Site contains links to outside services and resources, the availability and content of which Sunny Health & Fitness does not control, any concerns regarding any such service or resource, or any link thereto, should be directed to the particular outside service or resource.
Governing Law; Venue. The laws of the State of California govern these Terms and any matters arising from or relating to these Terms or the Products offered (without regard to California’s or any other jurisdiction’s conflict of law principles). You and we agree to submit to the exclusive personal jurisdiction of, and agree that venue is only proper in, the state or federal courts located in Los Angeles County, California in any legal action or proceeding arising from or relating to these Terms that is not arbitrable or otherwise subject to Section 7.4 (Dispute Resolution), including any action in which a party seeks injunctive or other equitable relief.
Dispute Resolution. Should a dispute arise concerning these Terms or any Product or the breach of these Terms by any party hereto, you and we agree to use our best efforts to resolve any such matter informally. If either you or we have a dispute, the party initiating the dispute must provide the other with written notice of the dispute within thirty (30) days of the dispute arising. Your notice must include (a) your name, mailing address, telephone number, the email address you use or used for your order, and, if different, an email address at which you can be contacted, (b) a description in reasonable detail of the nature or basis of the dispute, and (c) the specific relief that you are seeking. Our notice to you will be sent electronically in accordance with these Terms and will include (1) our name, mailing address, telephone number, and an email address at which we can be contacted with respect to the dispute, (2) a description in reasonable detail of the nature or basis of the dispute, and (3) the specific relief that we are seeking. If you and we are unable to resolve the matter promptly, any dispute arising from or relating to these Terms and/or the Products shall be finally settled by binding arbitration pursuant to this Section. Any such arbitration must occur in Los Angeles County, California using the English language, and the arbitration shall be conducted in accordance with the Streamlined Arbitration Rules and Procedures (the “Rules”) of Judicial Arbitration and Mediation Services, Inc. (“JAMS”) that are then in effect, as modified by this Section. The arbitration shall be conducted by a single arbitrator with substantial experience in resolving contract disputes, who shall be selected in accordance with the Rules. Judgment upon the award so rendered may be entered in a court having jurisdiction, or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Subject to these Terms and the Rules, the arbitrator has the exclusive authority and jurisdiction to make all procedural and substantive decisions regarding the dispute, including the determination of whether the dispute is arbitrable, and the arbitrator has the authority to grant any remedy that would otherwise be available in court (provided, however, that the arbitrator has no authority to conduct a class arbitration or other combined action, which are prohibited by these Terms. To the extent permitted by law, you agree that you will not bring, join or participate in any class action lawsuit as to any claim, dispute or controversy that you may have against us and/or any Sunny Health & Fitness Parties. You agree to the entry of injunctive relief to stop such a lawsuit or to remove you as a participant in the suit. You agree to pay the attorney’s fees and court costs that we incur in seeking such relief. This provision preventing you from bringing, joining or participating in class action lawsuits: (A) does not constitute a waiver of any of your rights or remedies to pursue a claim individually and not as a class action in binding arbitration as provided above; and (B) is an independent agreement. You may opt-out of these dispute resolution provisions by providing written notice of your decision within thirty (30) days of the date that you agreed to, or are deemed to have agreed to, these Terms as provided hereunder. If you opt out of these provisions, you are agreeing to resolve all disputes arising from or relating to these Terms or the Products pursuant to Section 7.3 (Governing Law; Venue) above.
Termination. These Terms are effective upon your indication of acceptance (e.g., by submitting an order) and shall continue in full force and effect until terminated. Notwithstanding anything contained in these Terms, we reserve the right, without notice and in our sole discretion, to terminate your right to access or use the Website and to purchase Products at any time and for any or no reason, and you acknowledge and agree that we shall have no liability or obligation to you in such event and that you will not be entitled to a refund of any amounts that you have already paid to us, to the fullest extent permitted by applicable law. The provisions of these Terms that naturally would survive such termination do survive.
Notices. We may provide notices to you under these Terms through a posting on the Website or by mail or email to the address you provided in connection with your order. You may provide notices to us by using the contact information for us found on the Website.
California Proposition 65 WARNING: Some of our products may contain one or more chemicals known to the State of California to cause cancer and birth defects or other reproductive harm. To learn more, please visit: http://oehha.ca.gov/proposition-65
Limitation of Damages
In the event of any claim arising from the use of or purchase from this site, you agree that your maximum legal or equitable damages or remedies are limited to the amount of any funds you paid to Sunny Health & Fitness for any use of or purchase made from this site. You agree that under no circumstance shall you be entitled to recover, or Sunny Health & Fitness be liable for, more than the amount of any funds you paid, regardless of what common law, statute, or theory of law is relied upon by you, and this amount of limitation of damages and liability is inclusive of any claims for costs of suit and attorney’s fees.
Limitation of Action
Any and all legal or administrative action against Sunny Health & Fitness, in addition to having to satisfy all conditions precedent as set forth herein or any other legal requirements, shall be commenced no later than one year from the date of occurrence giving rise to the claim.
Revisions to these Terms. Sunny Health & Fitness may revise these Terms at any time and from time to time by updating this posting. You should visit this page from time to time to review the current Terms as they are binding on you. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages of the Site. Your continued use of the Site after any modifications indicates your acceptance of the modified Terms.