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TERMS and CONDITIONS PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site. SHIPPING All regular sized items will be shipped daily from Monday to Friday as long as the order is placed before 2:30pm eastern time. This policy applies only for items that are being shipped with Purolator. PUROLATOR Individual items that weight up to 150lbs will be automatically shipped via Purolator. Standard shipping will be Purolator Ground/Express. Depending on your location, additional shipping options such as morning or evening deliveries may be available for additional costs. Our daily shipping policy only applies to Purolator orders made prior to 2:30pm eastern time. Please note, in the event of a warehouse backlog, orders could be delayed and will be shipped the following business day. OVERSIZED ITEMS Items that are oversized for Purolator will be shipped via a common freight carrier. These items must be ordered from The Treadmill Factory. Please note; all deliveries are curbside only and we do require that the carrier call and make an appointment. Orders being sent to remote Canadian locations are subject to an additional shipping charge, which varies depending on size and weight of the product (s) being shipped. We do not attempt to make any money on the shipping expenses, and have researched shipping costs to ensure the charge issued is on par with what we actually pay to ship the average order. Oversized items ship on a weekly basis so please allow 1-2 weeks for arrival. (drop ship items may take longer as they are shipped from a different warehouse) TRACKING For Purolator shipments, please log in to your account, located at the top right hand corner of our homepage banner. Please make sure to track your order to avoid any problems or delays as Purolator will make one delivery attempt after which it is taken to the nearest depot. You may then do one of two things; call and schedule a second delivery attempt OR pick it up from the nearest depot. If Purolator does not hear from the customer after a week, they will return the package. Should a package be returned to our warehouse, it will be the customers responsibility to pay for shipping a second time in order for us to re-ship the product(s). DAMAGED ITEMS DUE TO SHIPPING REFUSE SHIPMENT! If an item arrives and the package is visibly damaged, please refuse the item and make a note with the carrier. Please call 416-900-7988 or toll free 1-888-900-9095. FREE SHIPPING Items marked free shipping have a certain percentage allocated towards shipping costs. This percentage typically covers all major cities across Canada. In the event that you are in a remote or beyond carrier location, additional charges may apply. RETURN/CANCELLATION POLICY No Refunds or Exchanges unless authorized by management. Purchases made online may be returned for a full refund (less shipping and handling) within 7 days of receiving the item(s). PLEASE NOTE: All merchandise for return must be in new condition, sealed in its original packaging. Returns that are authorized are subject to a 30% restocking fee, as shipping costs associated to the return are the customer's responsibility. Refunds may take up to 14 days. In the event that we have shipped an incorrect item, Fight Monkey will be responsible to cover shipping and handling costs. NO RETURNS without a Return Authorization Number. Please call 1-888-900-9095 to acquire a RMA number. Please note; by simply sending an item back, we do not guarantee a refund or replacement ***Free shipping promotions will still be subject to shipping and handling fees in the event of a return*** Cancellations or changes may not be done via email. As long as your order is pending, you may call 1-888-900-9095 to cancel the order. You must speak to a representative to cancel an order. A cancellation may not be done through e-mail or voicemail. Once an order has been processed, our standard return and refund policy applies. PRICING All pricing in Canadian dollars. Copyright The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Fight Monkey. The collective work includes works that are licensed to Fight Monkey. Copyright 2003, Fight Monkey ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Fight Monkey or purchasing Fight Monkey products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with Fight Monkey or to purchase Fight Monkey products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Fight Monkey. You further agree not to change or delete any proprietary notices from materials downloaded from the site. Trademarks All trademarks, service marks and trade names of Fight Monkey used in the site are trademarks or registered trademarks of Fight Monkey Warranty Disclaimer This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Fight Monkey disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Fight Monkey does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Fight Monkey does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you. Limitation of Liability Fight Monkey shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if Fight Monkey has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. Typographical Errors In the event that a Fight Monkey product is mistakenly listed at an incorrect price, Fight Monkey reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Fight Monkey reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Fight Monkey shall issue a credit to your credit card account in the amount of the incorrect price. Term; Termination These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Fight Monkey without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination. Notice Fight Monkey may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Fight Monkey. Miscellaneous Your use of this site shall be governed in all respects by the laws of the state of California, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Fight Monkey products) shall be in the state or federal courts located in Los Angeles County, California. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Fight Monkey products) must be commenced within one (1) year after the claim or cause of action arises. Fight Monkey's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Fight Monkey may assign its rights and duties under this Agreement to any party at any time without notice to you. Use of Site Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Fight Monkey or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization. Participation Disclaimer Fight Monkey does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Fight Monkey is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Fight Monkey reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Fight Monkey in its sole discretion. Indemnification You agree to indemnify, defend, and hold harmless Fight Monkey, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account. Third-Party Links In an attempt to provide increased value to our visitors, Fight Monkey may link to sites operated by third parties. However, even if the third party is affiliated with Fight Monkey, Fight Monkey has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Fight Monkey. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Fight Monkey seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work). |