ACCEPTANCE OF TERMS THROUGH USE

Terms of Use

This page states the “Terms and Conditions” under which you may use FitSauna.com (the “Web Site). We’ve created these terms of use to protect you and ensure you have an enjoyable and informative experience. Please read the following agreement carefully. By using this web site, you are indicating your acceptance to be bound by the terms of these Terms and Conditions. If you do not accept the Terms and Conditions stated here, do not use this Web Site and service. FITT Systems Inc., (the “Company”) reserves the right to revise these Terms and Conditions at any time by updating this posting and without prior notice to you. You should visit this page periodically to review the Terms and Conditions, because they are binding on you each time you access this Web Site and utilize services or purchase products. The terms “You” and “User” as used herein refer to all individuals and/or entities accessing this web site for any reason.

Use of Material

The Company authorizes you to view and download a single copy of the material on the Web Site solely for your personal, noncommercial use. “Material” is any text, graphics, photos, music, sounds, video, software, code, information, and articles found at this Web Site. By using this Web Site, you agree that all content is the sole property of the Company and may not be reproduced without prior written permission. All Material is protected under US and International copyright, trademark and other laws. All Material is the property of the Company. The compilation (meaning the collection, arrangement and assembly) of all content on this Web Site is the exclusive property of the Company and protected by U.S. and international copyright laws. Unauthorized use of the Material may violate copyright, trademark, and other laws. You must retain all copyright, trademark, service-mark and other proprietary notices contained in the original Material on any copy you make of the Material. You may not sell or modify the Material or reproduce, display, publicly perform, distribute, or otherwise use the Material in any way for any public or commercial purpose. The use of the Material on any other web site or in a networked computer environment for any purpose is prohibited.

Prohibited Site Use

The Web Site may be used only for lawful purposes. The Company specifically prohibits any use of the Web Site, and all users agree not to use the Web Site, for any of the following:

1. Transmittal of any content that is obscene, indecent, abusive, vulgar, hateful, offensive, unlawful, fraudulent, threatening, harassing, profane, sexually oriented, racially offensive or defamatory.
2. Transmittal of any content that infringes on the copyright, trademark, trade secret or other intellectual property rights of others or violates the privacy, publicity or other personal rights of others.
3. Transmittal of any content that is encrypted, constitutes junk mail (spamming), chain letters, pyramid schemes, any franchise, “club membership”, unsolicited advertising, promotional, distributorship or sales representative agency arrangement or other business opportunity which requires an upfront or periodic payment, pays commissions only, requires recruitment of other members, sub-distributors or sub-agents.
4. Impersonation of any person or entity. Misrepresentation of an affiliation with a person or entity. Posting any incomplete, false or inaccurate biographical information or information which is not your own accurate resume (living individual seeking employment on a full-time or part-time basis on his or her own behalf).
5. Deleting or revising any material posted by any other person or entity.
6. Attempting to decipher, de-compile, disassemble or reverse engineer any of the application software comprising or in any way making up a part of the Web Site.
7. Aggregating, copying or duplicating in any manner any of the materials or information available from the Web Site.
8. Violation of applicable national, state, or local laws or regulations.
9. Framing of or linking to any Material available from the Web Site.
10. Using any device, software or routine to interfere or attempt to interfere with the proper working of this Web Site or any activity being conducted on this site.
11. Disclosing or sharing your password with any third parties or using your password for any unauthorized purpose.
12. Violation of the security rules of the Web Site, including, without limitation, (a) accessing data not intended for such user or logging into a server or account which the user is not authorized to access, (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, and (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Web Site, overloading, “flooding”, “spamming”, “mailbombing” or “crashing”. Violations of system or network security may result in civil or criminal liability. The Company will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.

User Information

When you register for this Web Site you will be asked to provide the Company with certain information including, without limitation, a valid email address (your “Information”). In addition to the terms and conditions that may be set forth in any privacy policy on this Web Site, you understand and agree that the Company may disclose to third parties, on an anonymous basis, certain aggregate information contained in your registration application. The Company will not disclose to any third party your name, address, e-mail address or telephone number without your prior consent, except to the extent necessary or appropriate to comply with applicable laws or in legal proceedings where such information is relevant. The Company reserves the right to offer third-party services and products to you based on the preferences that you identify in your registration and at any time thereafter; such offers may be made by the Company or by third parties. Please see the Company’s Privacy Policy for further details regarding your Information.

Indemnity

By using the Web Site, you agree to indemnify, defend and hold harmless the Company, its Officers, Directors, Employees, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of the Material or your breach of the Terms of Use. The Company shall provide notice to you promptly of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit or proceeding.

Applicable Law

You agree that these Terms and Conditions shall be governed in accordance with the laws of the State of Nevada, without giving effect to its conflict of laws provision. You agree to submit to the personal jurisdiction and venue of such courts.

Copyright Information

All of the writing at our site is the property of the Company and is protected under copyright laws unless otherwise noted. Reproduction of material is strictly prohibited without the prior written permission of the Company. The Company reserves the right to publish material contributed by users. This includes feedback, comments, and general correspondence when appropriate. By submitting content to any public or non-public area of the Web Site, you grant the Company and its affiliates the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the content worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such content. You also warrant that the holder of any rights, including moral rights in such content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You also permit any subscriber to access, display, view, store and reproduce such content for personal use. Subject to the foregoing, the owner of such content placed on the Web Site retains any and all rights that may exist in such content.

The Company permits the following reproduction: (a) any material you wish to quote up to a paragraph in length and used for commentary purposes provided you credit the Web Site and include a link to the Web Site, (b) general links to the Web Site for informational purposes, and (c) downloading or printing a single copy of Material for offline viewing.

General

UPDATE

FitSauna is not responsible for delays out of our control: Due to many worldwide restrictions our process and the time requirement for delivery have been unreliable at best. This is to say that we can provide arrival; shipping and deliver estimates only and these estimates can be changed at any time.  All the with shipping companies we have to deal with create delays at any time. They rarely notify us of the delay, the cause of the delay and the reason. As much as we endeavor to provide reliable. We will endeavor to provide timely updates as we get them, however occasions when we are not notified. FitSauna can not be help responsible for these delays. However our hope is that customers will bear with us during these times.

The Company makes no claims that the Materials may be lawfully viewed or downloaded outside of the United States. Access to the Materials may not be legal by certain persons or in certain countries. If you access the Web Site from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. These Terms and conditions are governed in accordance with the laws of the State of Nevada. Jurisdiction for any claims arising under this agreement shall lie exclusively with the state or federal courts within Clark County, Nevada. If any provision of these Terms and Conditions are found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any term of these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term. These Terms and Conditions constitute the entire agreement between you and the Company with respect to the use of this Web Site. No changes to these Terms and Conditions shall be made except by a revised posting on this page.

If the occasion for legal action is pursued for any reason it is mutually agreed that the prevailing party will be awarded and reimbursed for all fees accrued in associated of such action such as legal, attorney fees, travel expenses, witness fees etc.. If legal action involves a discounted purchase or a purchase that was not paid or the money was forfeited or reversed transaction was the cause of non payment, both parties hereby agree that the ensuing legal action can include recovery of the full MSRP cost of the sauna in question and shipping to and from costs rather than the discounted price actually paid.

Infrared Sauna Warranty

FitSauna Manufacturer’s Warranty

FitSauna warrants that all saunas are not defective in materials and construction.

18-Month limited warranty on all wooden components.

Controller, heaters and other electrical components: 12 months warranty

TV: 6-month warranty

FitSauna warrants that all products are completely free of defects and warrants construction of said products for 12-months – applied at the time of purchase when not specified above. Any products that cease proper function or are found to be defective during the period of warranty will be replaced or repaired at the option of FitSauna. Damage not covered by the FitSauna warranty includes issues stemming from any of the following:

• Negligence
• Damage caused outside of the scope of our control or subsequent to shipping or inside the facility post delivery
• Product Abuse or Misuse (use of product in a manner not intended or unsafe use of product)
• Misapplication
• Modification of Unit
• Incorrect Installation
• Wear and Tear Typical of Long Term Use
• Natural Variations of Wood: It is common knowledge that any wood product will feature natural variations in color, strength and dryness. It is therefore acknowledged and user(s)/buyer(s) agree that there may be such a variety or discrepancy of wood color, design and or natural or minor cracks that may occur. Such that natural differences or minor blemishes do not affect the performance of the sauna they will be considered natural variations rather than defects.

FitSauna provides certain accessories at no cost. Speed Bags and some other accessories can be purchased Optionally – We provide startup exercise bands as a gift. Bands are made of rubber and as such have a limited lifetime; can break and need to be replaced frequently.

These exercise bands are simply starter bands, samples designed to allow users to experiment to determine their preference and how to best use them. There are videos that provide exercises and one gets ideas; however everyone has their own preference and desires – many routines will require entirely different bands altogether.  We find it easier to shop online to find the exact variety of band you prefer. And since these bands have a limited lifespan – it is recommended users find a reliable source online to get replacements and bands to your specifications.

User agrees to hold company harmless against any claims of brittle, old or faulty bands and potential harm which cold be caused by said bands. Users understand that bands can age and become brittle quickly and that they should be used with caution and replaced immediately if brittle or old.

FitSauna makes no claims, guarantees or promises relative to the potential maximum heat produced by the far infrared heaters inside any sauna. The highest potential degree is relative to several factors: amperage availability and the number of competitive devises plugged in. It is in fact proven that the higher degrees add no benefit – read website benefits and downloadable research if you need more clarification.

NOTE: Speed Bags and other exercise elements seen in many videos are Optional. FitSaunas have “D” rings on the ceiling and floor – whereas Solo has “D” rings on the walls as well – as seen in many videos.

FitSauna is not responsible for any labor costs associated with removal, inspection and re-installation of the unit by an authorized service representative provided that said services occur within the 30-day period following activation of the FitSauna warranty. Customer is responsible for arranging access to product for the authorized service technician. FitSauna will not be held responsible for expenses incurred from possible disassembly and reassembly of the product. FitSauna will not cover costs incurred from an unauthorized service agent that performs any maintenance, alteration or adjustment to the FitSauna product – including tasks associated with electrical calibration.

If a product is found to be defective but is not replaced or repaired by an authorized service technician will be shipped to FitSauna through pre-paid freight. Product or replacement will be returned to the warranted freight collect. Product purchase date must be proven by inclusion of sales receipt or other such documentation that includes the purchase date, purchaser’s full name, postage address, telephone number and any other supportive claim information. Other rights beyond those supplied by this warranty apply on a state to state basis.

Circumstances in Which FitSauna Warranty Does Not Apply

The FitSauna warranty on products is only applicable to the original purchaser of the product. Some circumstances when the warranty will not apply include:

All products or components industrially or commercially purposed. Products used as rentals or in clubs.

Claims resulting from negligence, misuse, incorrect installation, incorrect operation or accidents including but not limited to acts of nature, fire or excess heat.

FITT Systems Inc., is not liable for any special or consequential damages resulting from use of products or any contents/components including with said products.

FITT Systems Inc., is not liable for the cost of replacement parts or the shipping thereof. Parts are not refundable under any circumstances – Models of FitSaunas are constantly changing; FITT Systems Inc., cannot guarantee that a part supplied will match or can accommodate a downgrade to repair older models. FitSauna may provide replacement parts at cost plus shipping. We will however not make refunds for parts that you later determine are unusable.

FITT Systems Inc., is not liable for injury while installing, moving, using or repairing any product.

Warranty not applicable to shipping on replacement parts.

Warranty is considered void upon transfer of ownership.

FITT Systems Inc., is not responsible for bodily or property damage resulting from use of products.

Warranty void if product stored outdoors.

We want everyone to be 100% satisfied FitSauna® fans! We hope this shows in our responsive customer service, as well as the quality and functionality of our products. If you require assistance with using the product or need warranty service, please don’t hesitate to call 800-399-1209 (8am-4pm EST, M-F) – we’re here to help!

However, if for some reason it doesn’t meet your needs, please follow these instructions:

• Call our toll-free number and request a Return Authorization (you will be given a number to write on the outside of your box)
• Customer Service will also provide you with packing and shipping instructions.
• When an item is returned, the refund and how the refund is issued may differ based on the condition of the item, the timeframe, and how the item was purchased. If a product is defective, FITT Systems Inc., must be given the opportunity to offer warranty service or replace the product.

Refused Shipments: If for any reason merchandise delivery is refused with or without inspection, the customer will incur original shipping and return shipping fees plus a 25% restocking fee and 5% administrative fee.

Return Instructions

Once the product is packaged – AS NEW – and ready for pickup. Email cs@fitsauna.com to request a Return Merchandise Authorization (RMA) number.

Package the product in the original box and follow the repackaging instructions to protect product from damage. To assure safe delivery we recommend you crate the sauna boxes.

Affix the return label provided and clearly write the RMA number on the side of the box in large font.

Ship the product using your preferred method. We recommend that you acquire shipment tracking and insurance for the entire value of your product. For your convenience, FITT Systems Inc., offers a prepaid LTL return BOL or shipping label for purchase. Fees are contingent on shipping in the original boxes in a crate.

When you return an item, the amount of refund and how your refund is issued may differ based on the condition of the item, how long you’ve had the item, and how the item was purchased.

Return Terms

Returns must have a valid Return Merchandise Authorization (RMA) number issued by FitSauna.

Product must be returned in original condition undamaged with all parts, instructional manuals, and in original boxes – with crate for protection.

Refunds are for product only and do not include any processing fees, trial fees, shipping or handling fees. Freight on refused deliveries will be deducted from the credit.

All return shipping charges must be prepaid; we will not accept C.O.D. deliveries.

It is required that you acquire shipment tracking and insurance for the entire value of your product. We do not assume responsibility for merchandise damaged or lost during transit.

Refunds are issued after a product is received and inspected; processing can take up to ten (10) days. For products on a multi-payment plan, payments will continue to charge to the credit card on file until the product is received and processed at our warehouse.

Refunds, including gift returns, are made in the same form as the original payment for purchase. Please allow up to eight (8) weeks for your bank or credit card company to post this refund on your statement.

Merchandise returned without a valid RMA number or in violation of this policy will not qualify for a refund. The customer will be responsible for any remaining payment due.

Damaged Product

All shipments leave the FitSauna warehouse in good condition. Any damage, shortages, or product lost in transit should be reported to FitSauna within twenty four hours of receipt.

30-Day Trial

We offer a 30-day risk free trial on occasion (with some products). In such instances this means you have a 30-day window in which to use the sauna and document your experience. This document will be evaluated by staff to determine authenticity and provides proof of use. We require at least 15 uses for a minimum of 20 minutes to be approved for this 30-day trial refund.

30-day trial refunds do not include shipping to or from and will require a 25% restocking fee and any payment processing fees; if by credit card: 5% if financed: 11% fee is deducted.

Product Returns

NEW FITSAUNA: If returning product, 25% product restock fee applies in addition to shipping costs. If canceling product order, a 5% fee is charged after the day of purchase. If canceled on the same day as the order occurred, no fee applies. In some situations, returned products may be subject to a cleaning or repair fee. Even if the purchaser received free shipping at the time of the order, all returns must be accompanied by payment for shipping – both ways. For instructions on how to return a sauna.

PARTS: We will accept a returned Part that is NOT the correct part or damaged for replacement ONLY. We will replace wrong or defective parts. If you desire to return parts that are not damaged or that are the correct part that you originally ordered, you will not be refunded for this purchase. There is no way of knowing if you installed the part and caused damage.

Parts Shipping: Customers will pay shipping on all parts ordered on or after 60 days of the delivery of the sauna.

IMPORTANT: Damage occurring during shipping must be included on the Delivery Notice. FitSauna must be notified of shipping damage before 3 days have passed following the signing of the Delivery Notice. After 3 days, the receiver is fully responsible for all replacement costs (product and individual parts) and must pay shipping for said product or parts.

Commercial clients: Includes any multiple sauna purchase (more than 1) are advised that 50% (non-refundable) deposits are required. All information within this site is provided for informational and educational purposes only and is not to be considered promises, guarantees or warranties unless expressly stated otherwise. Health Benefit results claimed by using FitSauna are based on general studies of infrared heat. Representatives of FitSauna are not medical professionals nor should the information on this site be considered medical advice. Every prospective sauna user should consult a medical professional prior to use. The information contained herein is not for diagnosing or treating a health problem or disease. Information and statements regarding products on this site have not been evaluated by the U.S. Food and Drug Administration or clinically evaluated for the purpose of diagnosing, treating, curing, or preventing any disease.

Any and all who initiate payment in any form; by credit card, by financing or by any other means to activate the purchase of FitSauna or FitSauna products hereby agree to the above terms and conditions. Furthermore, purchaser hereby agrees this agreement to be Non-Cancellable.