Terms of service
Terms of Service
These Terms of Service govern your access to and use of The Shape Fitness Co. website, products, services, and online store. By visiting our site or purchasing from us, you agree to be bound by these Terms of Service.
This website is operated by The Shape Fitness Co., LLC. Throughout the site, the terms “we,” “us,” and “our” refer to The Shape Fitness Co., LLC.
1. Online Store Terms
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or place of residence, or that you are the age of majority and have given us consent to allow any minor dependents to use this site.
You may not use our products, services, website, or content for any illegal or unauthorized purpose. You may not violate any laws in your jurisdiction, including copyright, trademark, or intellectual property laws.
A breach or violation of these Terms may result in termination of your access to our services.
2. General Conditions
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content, excluding credit card information, may be transferred unencrypted and may involve transmissions over various networks or changes to conform to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the service, use of the service, access to the service, or any contact on the website without express written permission from us.
3. Products, Services, and Availability
The Shape Fitness Co. sells apparel, accessories, and related fitness/lifestyle products. Certain products may be available exclusively online through the website. These products may have limited quantities and may be subject to return or exchange only according to our Refund Policy.
We make every effort to display product images, colors, sizing, descriptions, and details as accurately as possible. We cannot guarantee that your device’s display will show colors or details with complete accuracy.
We reserve the right to limit the quantities of any products or services that we offer. We reserve the right to discontinue any product at any time.
4. Pricing and Product Information
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue any product or service without notice. We are not liable to you or any third party for any modification, price change, suspension, or discontinuance of any product or service.
We make reasonable efforts to ensure product descriptions, pricing, and availability are accurate. If an error appears on the site, we reserve the right to correct it and to cancel or update any affected order if necessary.
5. Orders, Billing, and Account Information
We reserve the right to refuse, cancel, or limit any order placed with us. This may include orders that appear to be placed by resellers, distributors, bots, automated systems, or accounts using false or incomplete information.
You agree to provide current, complete, and accurate purchase and account information for all purchases made through our store. You agree to promptly update your account and other information, including your email address, billing address, shipping address, and payment information, so we can complete your transactions and contact you as needed.
If we make a change to or cancel an order, we may attempt to notify you using the email address or billing information provided at the time the order was placed.
6. Shipping and Delivery
Shipping rates, fulfillment timelines, and delivery estimates are provided during checkout and described in our Shipping Policy. Delivery times are estimates and may be affected by carrier delays, holidays, weather, fulfillment timelines, or other factors outside our control.
We currently ship within the United States only unless otherwise stated at checkout.
Once an order has shipped, tracking information will be provided when available. If you experience an issue with delivery, please contact us at TheShape@TheShapeFitnessCo.com.
7. Returns, Refunds, and Exchanges
Returns, refunds, exchanges, damaged items, incorrect items, and related issues are handled according to our Refund Policy.
To request help with a return, refund, exchange, damaged item, or incorrect item, contact us at TheShape@TheShapeFitnessCo.com.
8. Purchase Options, Subscriptions, and Coaching Services
If you purchase a recurring service, subscription, coaching plan, or other purchase option, your billing and cancellation terms will be governed by the purchase terms shown at checkout and by our Purchase Options Cancellation Policy.
Big Dawg Coaching is offered as a month-to-month subscription when available. Unless otherwise stated, cancellation requests must be sent to TheShape@TheShapeFitnessCo.com. No partial refunds are issued for the current billing cycle. Access or services continue through the end of the paid billing period, and no further billing occurs after cancellation is processed.
9. Discounts, Promotions, and Offers
Discount codes, free shipping offers, bundles, promotions, and other offers may be subject to conditions, expiration dates, exclusions, minimum purchase amounts, or other limitations. We reserve the right to modify, suspend, or cancel any offer at any time.
Unless otherwise stated, discounts may not be combined. If an offer requires a minimum order amount, the order must meet that requirement according to the checkout rules applied by the store.
10. Optional Tools and Third-Party Services
We may provide access to third-party tools, apps, payment processors, fulfillment partners, or services that we do not monitor or control.
You acknowledge and agree that we provide access to such tools and services “as is” and “as available” without warranties, representations, or conditions of any kind. Your use of optional third-party tools or services is entirely at your own risk and discretion.
11. Third-Party Links
Certain content, products, or services available through our website may include materials from third parties.
Third-party links on this site may direct you to websites that are not affiliated with us. We are not responsible for examining or evaluating third-party content, accuracy, policies, products, services, or websites.
Any concerns regarding third-party products, services, or websites should be directed to the third party.
12. User Comments, Feedback, and Submissions
If you send us comments, feedback, creative ideas, suggestions, proposals, plans, reviews, images, testimonials, or other materials, you agree that we may use, edit, copy, publish, distribute, translate, and otherwise use them in any medium, unless otherwise prohibited by law.
We are not obligated to maintain comments in confidence, pay compensation for comments, or respond to comments.
You agree that your comments will not violate the rights of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary rights. You also agree that your comments will not contain unlawful, abusive, obscene, threatening, defamatory, or otherwise objectionable material, or any malware or harmful code.
13. Personal Information
Your submission of personal information through the store is governed by our Privacy Policy.
14. Errors, Inaccuracies, and Omissions
Occasionally there may be information on our site or in the service that contains typographical errors, inaccuracies, or omissions related to product descriptions, pricing, promotions, offers, shipping charges, transit times, availability, or other information.
We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information is inaccurate at any time without prior notice, including after you have submitted your order.
15. Prohibited Uses
You are prohibited from using the site or its content:
- for any unlawful purpose;
- to solicit others to perform or participate in unlawful acts;
- to violate any laws, rules, regulations, or ordinances;
- to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
- to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate;
- to submit false or misleading information;
- to upload or transmit viruses, malware, or harmful code;
- to collect or track the personal information of others;
- to spam, phish, scrape, crawl, or otherwise interfere with the site or service;
- for any obscene or immoral purpose; or
- to interfere with or bypass the security features of the service, website, or related systems.
We reserve the right to terminate your use of the service or website for violating any prohibited use.
16. Intellectual Property
All content on this website, including but not limited to text, logos, brand names, artwork, graphics, images, product designs, layouts, copy, and other materials, is owned by or licensed to The Shape Fitness Co., LLC unless otherwise stated.
You may not copy, reproduce, distribute, modify, sell, exploit, or use our intellectual property without written permission from us.
17. Disclaimer of Warranties
We do not guarantee, represent, or warrant that your use of our service will be uninterrupted, timely, secure, or error-free.
You agree that from time to time we may remove the service for indefinite periods or cancel the service at any time without notice to you.
The service and all products and services delivered to you through the service are provided “as is” and “as available,” unless otherwise expressly stated by us.
18. Limitation of Liability
To the fullest extent permitted by law, The Shape Fitness Co., LLC, its owners, operators, employees, contractors, suppliers, service providers, affiliates, or partners shall not be liable for any direct, indirect, incidental, punitive, special, or consequential damages arising from your use of the service, products, or website.
Because some states or jurisdictions do not allow the exclusion or limitation of liability for certain damages, our liability shall be limited to the maximum extent permitted by law.
19. Indemnification
You agree to indemnify, defend, and hold harmless The Shape Fitness Co., LLC and our owners, operators, employees, contractors, suppliers, service providers, affiliates, and partners from any claim or demand, including reasonable attorneys’ fees, arising out of your breach of these Terms of Service or your violation of any law or the rights of a third party.
20. Severability
If any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, that provision shall still be enforceable to the fullest extent permitted by law, and the unenforceable portion shall be deemed severed from these Terms. Such determination shall not affect the validity and enforceability of the remaining provisions.
21. Termination
These Terms of Service remain effective unless and until terminated by either you or us.
You may terminate these Terms at any time by discontinuing use of our site and services. We may terminate these Terms at any time if we believe you have failed to comply with any term or provision.
22. Governing Law
These Terms of Service and any separate agreements whereby we provide you products or services shall be governed by and construed in accordance with the laws of the State of Arizona, United States.
23. Changes to Terms of Service
You can review the most current version of the Terms of Service on this page at any time.
We reserve the right to update, change, or replace any part of these Terms of Service by posting updates or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
24. Contact Information
Questions about these Terms of Service should be sent to us at:
The Shape Fitness Co., LLC
3370 N Hayden Rd, Ste 123-131
Scottsdale, AZ 85251, United States
Email: TheShape@TheShapeFitnessCo.com