Welcome to the Terms and Conditions page for www.FITSOPLUSSIZE.COM.com and its affiliated digital platforms, operated by F.I.T.S.O. LLC. By utilizing these platforms, you acknowledge your agreement to adhere to the stipulations outlined herein. Should you find yourself unable to align with these conditions, we kindly request that you refrain from using the site.
Please be aware that FITSO reserves the right to modify these terms at its discretion, and any updates will be effective upon their posting on the website. It is advisable to periodically review these terms. Continuation of site usage subsequent to any changes indicates your consent to the revised terms.
Upon placing an order through our shopping cart, our team will undertake a validation process to verify the accuracy of your provided information, encompassing both payment and shipping details. It is within our prerogative to decline or limit any order, without necessitating an explanation for such actions. In the event that an order is declined, we shall make efforts to communicate this to you via the email address furnished during the order placement. Should any charges have been applied to your credit or debit card before order rejection, a corresponding refund will be initiated.
We maintain the discretion to withhold our services from any individual or entity. It is important to note that the issuance of an order invoice does not constitute the formal acceptance of the order. We retain the right to decline an order subsequent to the issuance of an invoice.
As a purchaser, you assume responsibility for all tax liabilities, including sales tax and governmental fees, related to your order. In compliance with our legal obligations, we may collect applicable sales tax. Please be advised that the presented tax amounts during checkout are subject to potential adjustments due to factors such as changing tax rates or processor variations.
Order Parameters and Limits:
In adherence to our operational discretion, we retain the authority to impose limitations on the quantities of items purchased per individual, household, or order. Moreover, we maintain the right to refuse any order. In the event of an order modification, our team will make earnest attempts to notify you via the contact information provided at the time of order creation.
Mitigation of Shipping Risks:
While we commit to providing customers with tracking details, inclusive of anticipated shipping dates, it is important to clarify that FITSO does not assume responsibility for delays, damages, or losses resulting from factors beyond our control. These may encompass, but are not limited to, natural calamities, governmental actions, labor disputes, and other unforeseen circumstances. Should you encounter issues such as lost or damaged packages, you may pursue claims through the pertinent shipping courier.
Returns and Refund Protocol:
For your convenience, our returns and exchanges policy facilitates the return or exchange of unused FITSO products. We encourage you to refer to the policy provided for detailed guidance on this matter.
Termination of Site Access:
We retain the right, at our sole discretion, to terminate your access to our digital platforms at any juncture. Notably, you bear personal accountability for any outstanding orders placed or charges incurred prior to the termination. It is imperative to acknowledge that alterations, suspensions, or discontinuations to aspects of the site may occur without prior notice.
In the scenario wherein FITSO deems it necessary to initiate collection efforts for any outstanding debt arising from sales transactions, encompassing instances of fraud or credit discrepancies, we assert our entitlement to recover actual costs associated with these collections. Such costs may include legal fees, travel expenses, and other pertinent costs imperative to the collections process.
Product Information and Site Errors:
We acknowledge the fluid nature of product information and pricing. Should discrepancies or errors arise, we retain the authority to rectify these issues. In cases where an order is canceled subsequent to payment, a corresponding credit will be issued. It is important to understand that the timeline for crediting your account aligns with the policies of your respective financial institution.
Please be advised that prices and offers are subject to potential adjustments. We appreciate your understanding in this regard.
While FITSO reserves the prerogative to review and potentially edit content shared on the platform, we do not bear an obligation to do so. In exceptional situations, we may cooperate with law enforcement or adhere to court orders mandating the disclosure of information that contravenes the terms outlined in this Agreement.
Intellectual Property Safeguards:
We underscore that all proprietary rights, inclusive of technology, trade secrets, and intellectual property embedded in the site, belong exclusively to FITSO or its licensors. This stipulation extends to any custom developments associated with or generated by this Agreement. Unauthorized utilization of these proprietary assets is strictly prohibited.
Trademarks and Service Marks:
Our brand identity, encompassing the name, logo, and related elements, holds trademark status and may not be used, duplicated, or imitated without prior written consent from FITSO. Furthermore, the visual design of the site constitutes our service mark and trade dress, and any usage thereof necessitates prior written authorization from FITSO.
Representations, Warranties, and Liability:
Your adherence to these terms implies a representation that you possess the requisite legal authority to do so. Should you be acting on behalf of a legal entity, you confirm your authority to bind said entity. In instances where such authority is lacking, discontinuing site usage is advised.
As a safeguard, you agree to indemnify FITSO against losses or expenses arising from your site usage or actions.
It's important to recognize that while we strive for the seamless operation of our platforms, we cannot guarantee absolute perfection. As such, we disclaim any warranties, except where explicitly mentioned, and limit our liability within specified parameters.
Dispute Resolution and Governing Law:
In case of unresolved disputes, both parties agree to engage in arbitration as a means of resolution. This process adheres to the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes of the American Arbitration Association (AAA). The arbitration venue shall be in Travis County, Texas, unless mutual agreement dictates otherwise.
Conclusion and General Clause:
These terms are governed by Minnesota law and applicable federal law. Disputes shall be subject to the jurisdiction of state and federal courts situated in Minneapolis, Minnesota. Should any provision of this Agreement be deemed invalid, the remaining provisions shall retain their enforceability.
Furthermore, please acknowledge that FITSO is not liable for disruptions arising from scheduled or unscheduled maintenance activities. These terms encompass the entire agreement between you and FITSO, superseding any prior discussions or agreements. Should an alternate agreement exist, it prevails in the event of conflict.
Thank you for engaging with FITSO. Your compliance with these terms ensures a harmonious and beneficial user experience.
In addition, as is true of most websites, we may also gather non-personal identifiable information about your computer such as your IP address, browser type, referring/exit pages, and operating system. The Site uses a browser feature known as a cookie, which assigns a unique identification to your computer. The information collected from cookies allows us to provide better customer service to you and to improve features of our Site in a variety of ways, including by determining whether you have visited the Site in the past and which pages of our Site you have visited. Cookies also may track cart activity to determine when a cart has been abandoned.If you are uncomfortable with the idea of your information being used in this way, most computer systems and web browsers offer privacy settings and options, such as disabling cookies or opting for “Do Not Track” features.
We do not override these settings or options:
+ How We Use Your Information
+ Send you requested information
+ Respond to customer service requests
+ Send you marketing communications
+ Respond to your questions and concerns
+ Improve our website and marketing efforts and otherwise assess the needs of our business
+ Conduct research and analysis to help develop better products
+ How We May Share Your Information
We may share information collected through the Site with our subsidiaries, affiliated companies and business partners for the purpose of providing you with the products and services you seek from the Site. Furthermore, in order to provide you with a better customer experience, we may share information with service providers, subcontractors, and business partners who have been retained to perform business functions on our behalf or to provide services to us.
These services include:
+ Order fulfillment and delivery
+ Customer service and support
+ Email service delivery
+ Advertising, marketing, surveys, and promotions, including partnerships and collaborations with other companies whose products or services we think you might enjoy
Information technology and office services, including software and website development, website hosting, management and evaluation, and data processing, exchange, and cross-referencing
+ Payment processing services, fraud protection, and credit risk reduction
+ Legal, accounting, audit and other professional service providers
We reserve the right to disclose your personal information as required by law such as to comply with a subpoena or similar legal process; when we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a government request; if our company is involved in a merger, acquisition, or sale of all or a portion of its assets.
How You Manage Your Personal Information
If you do not wish to receive marketing information from us, you may follow the unsubscribe instructions included in the emails you receive or contact email@example.com. FITSO will continue to send you non-promotional, service emails in regards to your account, such as: order issues, billing and payment information, and other emails relating to your orders and/or your use of the Site. At your request, FITSO will confirm what personal identifiable information we collect or store about you. You may correct, update and/or remove such information. You may also request that we stop using or sharing your personal identifiable information. You may contact FITSO for any of the foregoing by emailing firstname.lastname@example.org. FITSO may retain records of your personal identifiable information for a period of time. This is to allow us to follow-up on a request pertaining to your order history, resolve a dispute or for similar reasons or in order to comply with applicable federal, state, or local law. In addition, some personal information may also continue to be stored on backup files for financial, legal, or technical reasons.
How We Protect Your Personal Information
The security of your personally identifiable information is important to us and we are committed to handling such information carefully. We encrypt your personally identifiable information when it is sent over the Internet. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, while we strive to use commercially acceptable means to protect your personally identifiable information, we cannot guarantee its absolute security.
Disclaimer of Warranties
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT, (A) THE SITE IS PROVIDED “AS-IS” AND “WITH ALL FAULTS,” AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FITSO, INCLUDING ITS AFFILIATES, SUBSIDIARIES, LICENSORS, SUBCONTRACTORS, DISTRIBUTORS, SERVICES PARTNERS, AGENTS AND MARKETING PARTNERS) AND EACH OF THEIR RESPECTIVE EMPLOYEES, DIRECTORS AND OFFICERS (COLLECTIVELY, THE “FITSO PARTIES”) DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE SITE, OR OTHERWISE RELATING TO THIS AGREEMENT, INCLUDING WARRANTIES AND CONDITIONS OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, MERCHANTABLE QUALITY, NON-INFRINGEMENT AND ACCURACY AND NON-INTERFERENCE; (B) NEITHER FITSO NOR ANY FITSO PARTY WARRANTS THAT (i) THE SITE IS OR WILL BE SECURE, ACCURATE, COMPLETE, UNINTERRUPTED, WITHOUT ERROR, OR FREE OF VIRUSES, WORMS, OTHER HARMFUL COMPONENTS, OR OTHER PROGRAM LIMITATIONS, (ii) THE SITE WILL MEET YOUR REQUIREMENTS, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE, (iv) ANY ERRORS IN THE SITE WILL BE CORRECTED; (C) YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION OF PROBLEMS CAUSED BY VIRUSES OR OTHER HARMFUL COMPONENTS, UNLESS SUCH ERRORS OR VIRUSES ARE THE DIRECT RESULT OF FITSO’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT; (D) FITSO AND THE FITSO PARTIES, JOINTLY AND SEVERALLY, DISCLAIM AND MAKE NO WARRANTIES OR REPRESENTATIONS AS TO THE ACCURACY, QUALITY, RELIABILITY, SUITABILITY, COMPLETENESS, TRUTHFULNESS, USEFULNESS, OR EFFECTIVENESS OF THE FORMS, DATA, REPORTS, RESULTS OR OTHER INFORMATION OBTAINED, GENERATED OR OTHERWISE RECEIVED BY YOU FROM ACCESSING AND/OR USING THE SITE OR OTHERWISE RELATING TO THIS AGREEMENT, AND (E) USE OF THE SITE IS ENTIRELY AT YOUR OWN RISK AND NEITHER FITSO NOR ANY OF THE FITSO PARTIES SHALL HAVE ANY LIABILITY OR RESPONSIBILITY THEREFORE.
Limitation of Liability
NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, IN NO EVENT WHATSOEVER SHALL FITSO BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOST TIME OR GOOD WILL, EVEN IF FITSO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE. FITSO SHALL NOT BE LIABLE FOR ANY CLAIMS AGAINST YOU BY THIRD PARTIES. YOU ACKNOWLEDGE THAT THESE LIMITATIONS OF LIABILITY SHALL APPLY EVEN IF THE REMEDIES FAIL THEIR ESSENTIAL PURPOSE. User hereby acknowledges that this paragraph shall apply to all content, merchandise and services available through the Site. Certain states and/or jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental, consequential or certain other types of damages, so the exclusions set forth above may not apply to you.
Representations and Warranties
By using the Site, you represent and warrant that (a) you understand and agree that this Agreement is a legally binding agreement and the equivalent of a signed, written contract; (b) you will use the Site in a manner consistent with all applicable laws and regulations and in accordance with the terms and conditions of this Agreement; (c) you are authorized to sign for and bind any entity for whom you are acting a representative or other agent; (d) you will not impersonate any person or entity, misrepresent any affiliation with another person, entity or association, use false headers or otherwise conceal your identity from FITSO for any purpose.
You agree to indemnify, defend and hold harmless FITSO and the FITSO Parties from and against any and all claims and expenses, including reasonable attorneys’ fee, arising out of or related in any way to your use of the Site, violation of this Agreement, violation of any law or regulation or violation of any proprietary or privacy right.
Intellectual Property Ownership
All right, title and interest in the Site, including all copyrights, patents, trade secrets, trade dress and other proprietary rights, and any derivative works thereof, shall belong solely and exclusively to FITSO or its licensors, and you shall have no rights whatsoever in any of the foregoing. Nothing in this Agreement or otherwise will be deemed to grant to you an ownership interest in the Site, in whole or in part. All content and materials included as part of the Site, such as text, graphics, logos, button icons, images, audio clips, information, data, forms, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material, and software (the "Works") are the property of FITSO or its content suppliers and is protected by copyrights, trademarks, trade secrets, or other proprietary rights and these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Works are copyrighted as individual works and as a collective work under the U.S. copyright laws (17 U.S.C. Section 101, et. seq.) and international treaty provisions, and FITSO owns a copyright in the selection, coordination, arrangement and enhancement thereof. You may not modify, remove, delete, augment, add to, publish, transmit, adapt, translate, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Works, in whole or in part. Any use other than as contemplated herein, including the reproduction, modification, distribution, transmission, adaptations, translation, republication, display, or performance, of the Works, except as specifically permitted herein, is strictly prohibited. You understand and acknowledge that unauthorized disclosure, use or copying of the proprietary products and services provided pursuant to this Agreement may cause FITSO and its licensors irreparable injury, which may not be remedied at law, and you agree that FITSO and its licensors' remedies for breach of this Agreement may be in equity by way of injunctive or other equitable relief.
The FITSO name and other related names, design marks, product names, feature names and related logos are trademarks of FITSO and may not be used, copied or imitated, in whole or in part, without the express prior written permission of FITSO. In addition, the look and feel of the Site (including all page headers, custom graphics, button icons, and scripts) constitutes the service mark, trademark and/or trade dress of FITSO and may not be copied imitated or used, in whole or in part, without the express prior written permission of FITSO.
Use by Children
The Site is intended for use by individuals 13 years of age or older. Users under the age of 13 should get the assistance of a parent or guardian.
You may pay for your orders with major credit cards issued in the United States of America. Currently, we accept Visa®, MasterCard®, American Express® and Discover® Card.
This Agreement shall be governed by Minnesota law and controlling United States federal law, without regard to the choice or conflicts of law provisions of any jurisdiction, and any disputes, actions, claims or causes of action arising out of or in connection with this Agreement or the Site, with the exception of claims for injunctive relief, shall be resolved in arbitration administered by the American Arbitration Association and located in Minneapolis, Minnesota.. You may not under any circumstances commence or maintain against FITSO any class action, class arbitration, or other representative action or proceeding. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against FITSO may be commenced only in the federal or state courts located in Minneapolis, Minnesota.. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.Any cause of action you may have with respect to your use of the Site must be commenced within one (1) year after the claim or cause of action arises.If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then such provisions shall be construed, as nearly as possible, to reflect the intentions of the invalid or unenforceable provisions, with all other provisions remaining in full force and effect.
It may be necessary for FITSO to perform scheduled or unscheduled repairs, maintenance, or upgrades and such activities may temporarily degrade the quality of the Site or result in a partial or complete outage of the Site. FITSO provides no assurance that you will receive advance notification of such activities or that the Site will be uninterrupted or error-free. Any degradation or interruption in the Site shall not give rise to a refund or credit of any fees paid by you.
No joint venture, partnership, employment, or agency relationship exists between you and FITSO as a result of this agreement or use of the Site. The failure of FITSO to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by FITSO in writing.
Neither party shall be liable to the other party for any failure to perform any of its obligations (except payment obligations) under this Agreement during any period in which such performance is delayed by circumstances beyond its reasonable control including, but not limited to, fire, flood, war, embargo, strike, riot or the intervention of any governmental authority. If you have not entered into another agreement with FITSO regarding the subject matter contained herein, then this Agreement comprises the entire agreement between you and FITSO and supersedes all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between the parties regarding such subject matter. However, if you and FITSO have entered into another agreement regarding the subject matter set forth herein that is a written and signed agreement between you and FITSO, then this Agreement should be read and interpreted in conjunction with such agreement and, in the event of a conflict between this Agreement and a written, signed agreement between the parties, the written, signed agreement shall govern and control.
Support and Contact
Effective Date: 8/13/2021