Terms of Use

Last Updated: January 5, 2019

These Terms of Use ("Terms") are a legal agreement between You and Fit Diesel LLC. ("Fit Diesel," "we," "us," or "our"). We make our website ("Website") available in order to provide You with information about our company, and services, and also so that You can order our services or products. Your use of the Website, any related mobile applications (collectively, the "Services"), are subject to these Terms. BY USING THE SERVICES, YOU AGREE TO AND WILL BE DEEMED TO BE BOUND BY THESE TERMS. If You do not want to be bound by these Terms or policies, do not use the use the Services.

These Terms include: (1) AN ARBITRATION PROVISION; (2) A WAIVER OF RIGHTS TO BRING A CLASS ACTION AGAINST US; AND (3) a release by you of all claims for damage against us that may arise out of your use of the Service.

MEMBERSHIP AND ACCOUNT SECURITY

1. While You may browse the Website and view services as a guest user, to access certain services or products on the Website, You must submit an application to become a client. You must be 18 years of age or older and legally capable of entering into binding contracts in order to apply, and we may accept or reject Your application in our sole discretion. If approved, when You create an account, You agree You are responsible for maintaining the confidentiality and security of Your account by, among other things: (i) ensuring that Your registration details are true, up to date, and accurate; (ii) not sharing Your password, letting anyone else access Your account, transferring Your account to any other person, or taking other actions that might jeopardize the security of Your account.
   
   
2. You agree to comply with these Terms and all applicable laws, statutes, ordinances, and regulations regarding Your use of our Services and Your purchase of products or services through them. We reserve the right in our sole discretion to disable Your account at any time if You violate these Terms.
   
   
3. No data transmission over the Internet is totally secure. While we work to protect information You provide, we do not warrant and cannot ensure the security of any information You transmit to us. Accordingly, any information You transmit to us is transmitted at Your own risk.
   
   
4. When You visit the Website or send e-mails to us, You are communicating with us electronically. By doing so, You consent to receive communications from us electronically. We will communicate with You by e-mail or by posting notices on the Website. You agree that all agreements, notices, disclosures, and other communications that we provide to You electronically satisfy any legal requirement that such communications be in writing. In addition, by using our Services, you consent to receive SMS text messages sent through an automatic telephone dialing system on the phone number associated with your account.

1. The text, images, photographs, graphics, logos, illustrations, descriptions, data, and other material provided by the Website on or through the Website Services, as well as the selection, assembly, and arrangement thereof, are referred to collectively as the "Content." The Content may contain errors, omissions, or typographical errors or may be out of date. We may change, delete, or update any Content at any time and without prior notice. The Content is provided for informational purposes only and is not binding on us in any way except to the extent it is specifically indicated to be so.
   
   
2. Unless otherwise noted, all Content is protected by copyrights, trademarks, service marks, and other proprietary rights that are owned by us or by third parties that have licensed their use to us. You may view and use the Content only for Your personal information and for using the Website, and for no other purpose, including but not limited to, any commercial purpose, and You shall retain intact all copyright and other proprietary notices. Any use of the Content, except as specifically permitted in these Terms or as otherwise expressly permitted in the Content or in a writing signed by us, is strictly prohibited.
   
   
3. Links to other Internet sites operated by third parties, including Website vendors, do not constitute sponsorship, endorsement, or approval by the Website of the content, policies, or practices of such linked sites. Linked sites are not operated, controlled, or maintained by the Website, and the Website is not responsible for the availability, content, security, policies, or practices of linked sites, including, without limitation, privacy policies and practices. Links to other sites are provided for Your convenience only, and You access them at Your own risk.

1. Fit Diesel hereby grants You a limited license to access and make personal use of the Website and not to download (other than page caching) or modify it, or any portion of it, except with our express written consent. This license does not include: any resale or commercial use of the Website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Website 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. The Website or any portion of the Website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent.
   
   
2. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Website without our express written consent. You may not use any meta tags or any other "hidden text" utilizing the Website's name or trademarks without the express written consent of the Website. Any unauthorized use terminates the permission or license granted by the Website. Any violation of this policy may result in a copyright, trademark or other intellectual property right infringement that may subject the offender to civil and/or criminal penalties.

1. Our subscription plan consists of an up=front, pain-in-full charge followed by the option to renew by the client using the SERVICES page. You acknowledge that Your subscription will end at the end of the subscription period and You accept responsibility for all charges prior to cancellation. Please refer to our Fit Diesel HOW TO for further instructions on payment.
   
   
2. We try to be as accurate as possible when describing and showing our services and/or products on the Website, but we do not warrant that these product descriptions or depictions, or other content on the Website, are accurate, reliable, current, or complete.
   
   
3. All services and products available on the Website are for personal use only. You may not resell any of the products that You purchase or receive from us. We reserve the right, with or without notice, to cancel or reduce the quantity of product ordered, in our sole discretion, if we determine Your order violates our Terms. If You are a wholesaler or retailer interested in purchasing items, please email [email protected].
   
   

1. If You believe that Your work has been copied in a way that constitutes copyright infringement or Your intellectual property rights have otherwise been violated, please provide Fit Diesel copyright agent ("Agent") with the written information specified below:
   • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
   • A description of the copyrighted work or other intellectual property that You claim has been infringed;
   • A description of where the material that You claim is infringing is located;
   • Your address, telephone number, facsimile number, and email address;
   • A statement by You that You have a good faith belief that the disputed use is not authorized by the copyright or other intellectual property owner, its agent, or the law;
   • A statement by You, under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright or other intellectual property owner or are authorized to act on behalf of the copyright or other intellectual property owner.
   
   
   
2. The Agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:
   E-mail: [email protected]
   
   
3. We reserve the right, in appropriate circumstances and at our sole discretion, to terminate the privileges of any account holder who repeatedly infringes the copyrights or other intellectual property rights of Fit Diesel or others.

1. FIT DIESEL MAKES NO WARRANTIES OR REPRESENTATIONS WHATSOEVER WITH RESPECT TO THE WEBSITE, ITS CONTENT, ANY LINKED SITES, OUR PRODUCTS OR THE SERVICES, INCLUDING THE AVAILABILITY OF ANY SITE OR THE CONTENT, INFORMATION, AND MATERIALS ON IT, OR THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THAT CONTENT, INFORMATION, AND MATERIALS. FIT DIESEL ALSO DOES NOT WARRANT OR REPRESENT THAT YOUR ACCESS TO OR USE OF THE WEBSITE OR THE SERVICES WILL BE UNINTERRUPTED OR FREE OF ERRORS OR OMISSIONS, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR SERVICES ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS. WITHOUT LIMITING THE FOREGOING, ALL CONTENT PROVIDED ON OR THROUGH THE WEBSITE, THE PRODUCTS AND THE SERVICES ARE PROVIDED TO USERS "AS IS," WITH NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY, OR ACCURACY. THE "AS IS" CONDITION OF CONTENT IS EXPRESSLY MADE A CONDITION OF ANY TRANSACTION ARISING THROUGH OR AS A RESULT OF THE WEBSITE OR THE SERVICES. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to You. Check Your local laws for any restrictions or limitations regarding the exclusion of implied warranties.
   
   
2. EXCEPT FOR THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF FIT DIESEL, UNDER NO CIRCUMSTANCES SHALL FIT DIESEL, ITS SUPPLIERS, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY LOST PROFITS, LOST REVENUE OR LOSS OF BUSINESS, OR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, ARISING IN ANY WAY OUT OF ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE WEBSITE, ITS CONTENT OR THE SERVICES, EVEN IF FIT DIESEL IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF ANY JURISDICTION PROHIBITS THE FOREGOING DISCLAIMERS, LIMITATIONS, AND EXCLUSIONS, IN SUCH JURISDICTIONS, THE FOREGOING DISCLAIMERS, LIMITATIONS, AND EXCLUSIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY THE JURISDICTION.

1. You agree to defend, indemnify, and hold harmless Fit Diesel, its vendors and their affiliates and related entities, and their respective directors, officers, employees, and agents from and against all claims, losses, damages, liabilities, and costs (including, without limitation, reasonable attorneys" fees and court costs), arising out of or relating to Your breach of these Terms, Your access to or use of the Website or the Services, or Your violation of any third-party right. You are solely responsible for interactions with other users of the Website. To the extent permitted by applicable law, You hereby release Fit Diesel from any and all claims or liability related to any product or service of Fit Diesel and any conduct, action, or inaction by Fit Diesel or another user of the Website or the Services. The foregoing indemnification obligation shall survive termination of these Terms and the operation of the Website or the Services or any product or service provided to You arising out of or relating to Your use of the Website or the Services.

1. Initial Resolution: In the event of any dispute, claim, question, or disagreement arising from or relating to this agreement or the breach thereof, the parties hereto shall use their best efforts to settle the dispute, claim, question, or disagreement. To this effect, they shall consult and negotiate with each other in good faith and, recognizing their mutual interests, attempt to reach a just and equitable solution satisfactory to both parties.
   
   
2. Binding Arbitration: Any dispute or claim arising in any way from Your use of the Website or the Service, except for disputes relating to the infringement of our intellectual property rights or the access or use of the Website or Service in violation of these Terms, will be resolved by binding arbitration, rather than in court.
   
   
3. No Judge or Jury: There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Terms as a court would.
   
   
4. Arbitrator and Rules: The arbitration will be conducted before a neutral single arbitrator, whose decision will be final and binding, and the arbitral proceedings shall be governed by the AAA Commercial Arbitration Rules, Consumer Due Process Protocol, and Supplementary Procedures for Resolution of Consumer-Related Disputes. These rules can be found on the AAA website at www.adr.org.
   
   
5. Starting an Arbitration: To begin an arbitration proceeding, You must send us a notice of dispute, in writing, setting forth Your name, address and contact information, the facts of the dispute and relief requested. You must send Your notice of legal dispute to us at the following address: [email protected]. We will send any notice of dispute to You at the contact information we have for You.
   
   
6. Format of Proceedings: The arbitration shall be conducted, at the option of the party seeking relief, by telephone, online, or based solely on written submissions.
   
   
7. Fees: Should any dispute or legal action arise out of this Agreement, the prevailing party shall be entitled to recover its reasonable attorney's fees, paralegal fees, expenses and costs incurred in connection with such a dispute or action, through all appeals and collection efforts.
   
   
8. Individual Basis: To the fullest extent permitted by applicable law, You and Fit Diesel each agree that any dispute resolution proceeding will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, You and Fit Diesel each waive any right to a jury trial. As a result, PROCEEDINGS TO RESOLVE OR LITIGATE A DISPUTE IN ANY FORUM WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS.
   
   
9. Limitation Period: In no event shall any claim, action or proceeding by You or Fit Diesel be instituted more than one (1) year after the cause of action arose.
   
   
10. Enforcement: If they do not reach such solution within a period of sixty (60) days, then, upon notice by either party to the other, all disputes, claims, questions, or differences shall be referred to alternative dispute resolution by a Tennessee Supreme Court Rule 31 Certified Mediator. In the event Any controversy or claim arising out of or relating to this contract, or the breach thereof remains, the matter shall be settled by arbitration administered by the American Arbitration Association in accordance with its Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in the Circuit or Chancery Courts of Knox County, Tennessee having jurisdiction thereof..
    
    
11. Invalidity: If a court of competent jurisdiction finds the foregoing arbitration provisions invalid or inapplicable, You and Fit Diesel each agree to the exclusive jurisdiction of the Circuit or Chancery Courts of Knox County, Tennessee, and You and Fit Diesel each agree to submit to the exercise of personal jurisdiction of such courts for the purposes of litigating any applicable dispute or claim.

1. Termination: If You breach any of the terms of these Terms, all licenses granted by us, including permission to use the Website and the Service, will terminate automatically. Additionally, we may suspend, disable, or cancel subscription with or without notice, for any or no reason. If we cancel Your subscription for any suspected breach of these Terms by You, You are prohibited from re-registering for the Service under a different name. All sections which by their nature should survive the termination of these Terms shall continue in full force and effect subsequent to and notwithstanding any termination of this Agreement by Fit Diesel or You. Termination will not limit any of our other rights or remedies at law or in equity.
   
   
2. Injunctive Relief: You agree that a breach of these Terms will cause irreparable injury to Fit Diesel for which monetary damages would not be an adequate remedy and Fit Diesel shall be entitled to equitable relief in addition to any remedies it may have hereunder or at law without a bond, other security or proof of damages.
   
   
3. Notices: We may give notice to You by means of a general notice on the Website, electronic mail, or by written communication sent by first class mail or pre-paid post. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email). You may give notice to us (such notice shall be deemed given when received by us) at any time by sending an email to [email protected]. Please specify the reason for the email in the subject line so it can be forwarded to the proper department.
   
   
4. Miscellaneous: These Terms may not be modified except by a writing executed by the duly-authorized representatives of Fit Diesel or pursuant to Section 5 of GENERAL PROVISIONS of these Terms. No other act, document, usage or custom will be deemed to modify or amend these Terms. These Terms will inure to the benefit of and will be binding upon each party's successors and assigns. These Terms and the licenses granted hereunder may be assigned by Fit Diesel but may not be assigned by You without the prior express written consent of Fit Diesel. Any attempt by You to assign these Terms without the written consent of Fit Diesel shall be null and void. If any provision hereof is or becomes, at any time or for any reason, unenforceable or invalid, no other provision hereof will be affected thereby and the remaining provisions will continue with the same effect as if such unenforceable or invalid provisions will not have been inserted herein; provided that the ability of either party to obtain substantially the bargained-for performance of the other will not have thereby been impaired. It is expressly understood that in the event either party on any occasion fails to perform any term hereof and the other party does not enforce that term, the failure to enforce on any occasion will not constitute a waiver of any term and will not prevent enforcement on any other occasion. Nothing contained in these Terms will be deemed to constitute either party as the agent or representative of the other party or both parties as joint venturers or partners for any purpose. In the event that either party is prevented from performing, or is unable to perform, any of its obligations under these Terms due to any cause beyond the reasonable control of the party invoking this provision, the affected party's performance will be extended for the period of delay or inability to perform due to such occurrence. The headings and captions contained herein will not be considered to be part of the Terms but are for convenience only. You and Fit Diesel agree that the United Nations Convention on Contracts for the International Sale of Goods will not apply to the interpretation or construction of these Terms. The laws of the State of New York, excluding its conflicts of law rules, govern these Terms and Your use of the Website and the Service. Your use of the Service may also be subject to other local, state, national, or international laws.
   
   
5. Modifications: We may occasionally update these Terms. When we do update these Terms, we will also revise the "Last Updated" date at the top of these Terms. If we make changes to these Terms that, in our discretion, we consider significant, we will post the updated Terms on the Website and we may also send emails to our subscribers containing a link to the revised Terms. If You continue to use the Website or the Service after we post an update to these Terms, You indicate Your acceptance of the updated Terms.
   
   
6. Contact Us: If You have any questions regarding these Terms, the Website or the Service please contact us at [email protected].
   
   
7. Severability: If any provision of this Terms of Use shall be declared invalid or unenforceable, such invalidity or unenforceability shall not invalidate or render unenforceable the entire Terms of Use; rather, the entire Terms of Use shall be structured as if not containing the particular obligations to each party and the remaining provisions shall be valid and enforceable to the fullest extent permitted by applicable law. If a declaration of invalidity or unenforceability materially alters the intent of the parties to this Terms of Use, the parties are obligated to replace the invalidated provision with a provision that best approximates the legal and economic intent of the invalidated provision.

1. Shipping & Delivery: Fit Diesel services/products, with the exception of Apparel, are delivered by two (2) methods: (1) In-person (2) Client Portal via the Internet. Fit Diesel does not physically ship or deliver products or services.
   
   
2. Apparel: Fit Diesel and L.I.V.E. Apparel are delivered and shipped via a 3rd party. Presently, theteespot.com is managing the Fit Diesel and L.I.V.E. apparel lines. Please visit their website to learn about their various policies, including shipping/delivery and pricing/payment.