Terms and Conditions
Note: This Site is located in the United States of America, and U.S. laws will apply.
Acceptance of Terms Through Use
Uses of This Web Site
All right, title and interest in this Web site and any content contained herein is the exclusive property of Frog Fitness, Inc., except as otherwise stated. This Web site is intended for personal, non-commercial use. Frog Fitness, Inc. grants you a limited license to access and make personal use of this site. You may print, copy and download any information or portion of this Web site for your personal use only. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools without express written consent from Frog Fitness, Inc. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, frame, create derivative works from, transfer, or otherwise use in any other way for commercial or public purposes in whole or in part any information, software, products or services obtained from this Web site, except for the purposes expressly provided herein, without Frog Fitness, Inc.’s prior written approval. You may not use any meta tags or any other “hidden text” utilizing Frog Fitness, Inc.’s name or trademarks without the express written consent of Frog Fitness, Inc.. Any unauthorized use terminates the permission or license granted by Frog Fitness, Inc.. You are granted a limited, revocable, and nonexclusive right to create a hyperlink(s) to the home page(s) of the Sites so long as the link does not portray Frog Fitness, Inc., its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter.
Unauthorized use of this Web site and or any Frog Fitness, Inc. systems, including, but not limited to, unauthorized entry into Frog Fitness, Inc. systems, misuse of passwords or misuse of any other information, is strictly prohibited. You may not use this Web site in any manner that could damage, disable, overburden, or impair any Frog Fitness, Inc. Sites or service or interfere with any other party’s use and enjoyment of any Frog Fitness, Inc. Sites or service. You may not attempt to gain unauthorized access to any Frog Fitness, Inc. Sites or service, computer systems or networks connected to any Frog Fitness, Inc. Sites or service, through hacking, password mining or any other means. You agree that you will not engage in any activities related to this Web site that are contrary to applicable laws or regulations.
Frog Fitness, Inc. reserves the right, in its sole discretion, without any obligation and without any notice requirement, to change, improve or correct the information, materials and descriptions on this Web site and to suspend and/or deny access to this Web site for scheduled or unscheduled maintenance, upgrades, improvements or corrections. The information and materials on this Web site may contain typographical errors or inaccuracies. Any dated information is published as of its date only, and Frog Fitness, Inc. does not undertake any obligation or responsibility to update or amend any such information. Frog Fitness, Inc. may discontinue or change any product or service described in or offered on this Web site at any time.
Disclaimer of Warranty and Limitation of Liability
The information, products and services on this Web site are provided on an “AS IS,” and “AS AVAILABLE” basis. Frog Fitness, Inc. does not warrant the information or services provided herein or your use of this Web site generally, either expressly or impliedly, for any particular purpose and expressly disclaims any implied warranties, including but not limited to, warranties of title, non-infringement, merchantability or fitness for a particular purpose. Frog Fitness, Inc. will not be responsible for any loss or damage that could result from interception by third parties of any information or services made available to you via this Web site. Although the information provided to you on this Web site is obtained or compiled from sources we believe to be reliable, Frog Fitness, Inc. cannot and does not guarantee the accuracy, validity, timeliness or completeness of any information or data made available to you for any particular purpose. Neither Frog Fitness, Inc., nor any of its affiliates, directors, officers or employees, nor any third party vendor, will be liable or have any responsibility of any kind for any loss or damage that you incur in the event of any failure or interruption of this Web site, or resulting from the act or omission of any other party involved in making this Web site, the data contained herein or the products or services offered on this Web site available to you, or from any other cause relating to your access to, inability to access, or use of the Web site or these materials, whether or not the circumstances giving rise to such cause may have been within the control of Frog Fitness, Inc. or of any vendor providing software or services. In no event will Frog Fitness, Inc. or any such parties be liable to you, whether in contract or tort, for any direct, special, indirect, punitive, consequential or incidental damages, attorney fees, or any other damages of any kind even if Frog Fitness, Inc. or any other such party has been advised of the possibility thereof. This limitation on liability includes, but is not limited to, the transmission of any viruses which may infect a user’s equipment, failure of mechanical or electronic equipment or communication lines, telephone or other interconnect problems (e.g., you cannot access your internet service provider), unauthorized access, theft, operator errors, strikes or other labor problems or any force majeure. Frog Fitness, Inc. cannot and does not guarantee continuous, uninterrupted or secure access to the Web site.
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Frog Fitness, Inc. or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of Frog Fitness, Inc. and protected by U.S. and international copyright laws. All software used on this site is the property of Frog Fitness, Inc. or its software suppliers and protected by United States and international copyright laws.
Frog Fitness, The Frog and other trademarks and service marks referenced herein are either registered trademarks and service marks or trademarks and service marks of Frog Fitness, Inc. in the United States of America. The names of other companies and marks used on third-party products or services mentioned herein may be registered trademarks and service marks or trademarks and service marks of their respective companies and/or owners.
You are prohibited from using any marks for any purpose including, but not limited to use as meta tags on other pages or sites on the World Wide Web without the written permission of Frog Fitness, Inc. or such third party, which may own the marks. If you copy or download any information or software from this Web site, you agree that you will not remove or obscure any copyright or other notices or legends contained in any such information.
Cookies and Clear Gifs
We receive and store certain types of information whenever you interact with us. For example, like many Web sites, we use “cookies” and “clear gifs” to obtain certain types of information when your Web browser accesses one of our Sites, or when you are provided the opportunity to complete surveys, participate in a sweepstakes or other incentives, or open or respond to any newsletter or other e-mail you may have requested. “Cookies” are small files that we transfer to your computer’s hard drive or your Web browser memory to enable our systems to recognize your browser and to provide convenience and other features to you, such as recognizing you as an existing customer or previous Site visitor. “Clear gifs” are tiny graphics with a unique identifier, similar in function to cookies, and may be used to track the online movements of Web users or to let us know if you have opened an e-mail that we sent you.
Examples of the information we collect and analyze in this manner include the Internet protocol (IP) address used to connect your computer to the Internet; computer and connection information such as browser type and version, operating system, and platform; your behavior on our Web site and related services, including the products you view or searched for, as well as the URL you come from and go to next (whether this URL is on our site or not). The cookies and clear gifs that we use do not contain and are not tied to personally identifiable information about you.
You are always free to decline our cookies if your browser permits, although in that case you may not be able to participate in our surveys or incentives, purchase products, or take advantage of certain useful Site features.
Risk of Loss
All items purchased from Frog Fitness, Inc. are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
Frog Fitness, Inc. and its affiliates attempt to be as accurate as possible. However, Frog Fitness, Inc. does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by Frog Fitness, Inc. itself is not as described, your sole remedy is to return it in unused condition.
Except where noted otherwise, the Price displayed for products on our website represents the full retail price listed on the product itself, suggested by the manufacturer or supplier, or estimated in accordance with standard industry practice. The Price is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day. For certain items that are offered as a set, the Price may represent “open-stock” prices, which means the aggregate of the manufacturer’s estimated or suggested retail price for each of the items included in the set. Despite our best efforts, a small number of the items in our catalog may be mispriced. If we discover a mispricing, we will do one of the following:
If an item’s correct price is lower than our stated price, we will charge the lower amount and ship you the item.
If an item’s correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
Terms of Payment
You may purchase certain products or services on the Site. In ordering product through the Site or otherwise, you agree to provide only true, accurate, current and complete information. You hereby certify that any email account you provide to Frog Fitness, Inc. is registered to you. You agree that your placement of an electronic order on the Site is sufficient to satisfy any applicable Statue of Frauds, and no further writing is required. Frog Fitness shall have the right to bar your access to and use of the Site if it has reasonable grounds to believe that you have provided false, inaccurate, not current, or incomplete information.
At the time you place your order, you may have been offered and agreed to purchase the product or service at a price that is not consistent with other customers. Your cost (which includes applicable sales tax) is the amount you agreed to pay at the time of purchase.
To qualify for promotional discounts, you may be required to enter a coupon code prior to completing your order, and certain products or payment options may not be eligible. Rules and restrictions are disclosed at the time promotional offers are presented. By participating in the promotion, you are agreeing to the rules and restrictions associated with the promotion. For questions regarding promotional offers, including rules and restrictions, please contact Frog Fitness, Inc at 844-837-6443. Please note that this policy applies only to products sold and shipped by Frog Fitness, Inc.
The Site is controlled and operated by Frog Fitness, Inc. from its headquarters in The Woodlands, Texas, United States of America. If you access this Site from a location outside the United States of America, you do so on your own initiative and are responsible for compliance with all applicable laws of your jurisdiction. Frog Fitness, Inc. makes no representation that materials on this site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws.
THE LIMITATION OF LIABILITY SET FORTH ABOVE SHALL APPLY TO EVERY FORM OF ACTION, WHETHER IN CONTRACT, WARRANTY, STRICT LIABILITY, NEGLIGENCE OR OTHER TORT, AND SHALL SURVIVE ANY BREACH OF THE TERMS OR ANY AGREEMENT, OR THE FAILURE OF THE ESSENTIAL PURPOSE OF THE TERMS OR AN AGREEMENT OR ANY EXCLUSIVE REMEDY.
IN NO EVENT SHALL FROG FITNESS, INC. LIABILITY EXCEED $50.00.
Frog Fitness, Inc. Attn: Legal Department 2408 Timberloch Pl. Unit C-8 The Woodlands, TX, 77380