Welcome to the CorporateFitnessProducts.com (this “Site”).  This Site is provided by AdvantageHealth Corporation (“AdvantageHealth,” “we,” “us” and “our”).  AdvantageHealth provides award-winning programs and services ranging from yoga classes and wellness seminars to staffed fitness centers and disease management interventions.  AdvantageHealth aims to provide organizations ways to contain healthcare costs, reduce absenteeism and improve employee productivity and morale.  By making these and other products available to you through this Site, we hope to encourage you to make fitness part of your daily life.  For more information about AdvantageHealth, visit www.advantagehealth.com.

Your Acceptance of These Conditions of Use

The following Conditions of Use (these “Conditions of Use”) are the basic terms and conditions that govern your use of this Site.  Please note that your use of this Site constitutes your agreement to follow and be bound by these Conditions of Use.  If you do not agree to these Conditions of Use, please exit this Site immediately and do not use or purchase products from this Site.

Questions Concerning These Conditions of Use

If you have any questions or concerns regarding these Conditions of Use, please contact us by email or by writing us at AdvantageHealth Corporation, 7900 International Drive, Suite 200, Bloomington, MN 55425, Attn: Corporate Fitness Products. 

Effective Date

These Conditions of Use are effective as of June 30, 2006.

These Conditions of Use May Change

We reserve the right to update or modify these Conditions of Use, at any time and without prior notice, by posting the revised version of these Conditions of Use on this Site.  These changes will be effective as of the date we post the revised version of these Conditions of Use on this Site.  Your use of this Site following any such change constitutes your agreement to be bound by the revised Conditions of Use. 

To alert you to these changes, we will provide a notice at the top of these Conditions of Use for at least 30 days after the new effective date and highlight the changes so that you can locate them easily.  Unless the change is a minor change (such as a change in our contact information) or a non-substantive change (such as a clarification), we will also post notices (a) on our home page and/or on the relevant pages of this Site for 30 days after the new effective date to alert you to the change.  

You may access the current version of these Conditions of Use at any time by clicking on the link marked "Conditions of Use" on the sidebar on each page of this Site. 

Ownership, Copyright, and Trademark Matters

This Site and all of its content, including, for example, all of the text, images, illustrations, graphics, audio clips, and video clips, are protected under trademark, trade dress, copyright and other intellectual property laws and all of the rights in the Site and its content are owned by AdvantageHealth, its affiliates, its licensors and other third parties.  The entire content of this Site is copyrighted as a collective work under U.S. and international copyright laws and treaties, and AdvantageHealth owns the copyright in the selections, coordination, arrangement and enhancement of the content.

Individual users of this Site are permitted to download copies of the information on this Site for personal, noncommercial use.  This limited, revocable privilege to use the content in no way constitutes a transfer of any right, title or interest in the material you download.  You may not, under any circumstances, (a) modify the information on this Site or use it for any commercial purpose, or any public display, performance, sale or rental; (b) decompile, reverse engineer, or disassemble the any part of this Site or its content; or (c) remove any copyright, trademark registration, or other proprietary notices from the information.  No material from this Site may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any manner or form except as expressly provided above without first obtaining written permission from AdvantageHealth.  The use of any materials from this Site on any other website or networked computer environment is prohibited.

The trademarks and service marks used or displayed on this Site ("Trademarks") are registered and unregistered trademarks of AdvantageHealth or third parties.  Nothing on this Site may be construed as granting -- by implication, estoppel, or otherwise -- any license or right to use any Trademarks displayed on the site without the prior express written permission of AdvantageHealth or the trademark owner.  In particular, you may not use any trademark displayed on this Site as a "hot" link without the prior written approval of the trademark owner.   

Privacy Notice

Our Privacy Notice is part of and is incorporated in these Conditions of Use.  To review our Privacy Notice, click here.

Your Comments, Product Reviews and Other Submissions

We welcome your comments regarding this Site and encourage you to submit reviews of products you have used.  Please note, however, any comments, feedback, suggestions, product reviews or other communications (collectively, “Comments”) sent to us shall be and remain the exclusive property of AdvantageHealth.  Your submission of Comments will constitute an assignment to AdvantageHealth of all worldwide rights, title and interests in all copyrights and other intellectual property rights in the Comments.

AdvantageHealth will be entitled to reduce to practice, use, copy, disclose, display or perform publicly, improve and modify any Comments you submit for any purpose whatsoever, without restriction and without compensating you in any way.  For this reason, we ask that you not send us any comments that you do not wish to assign to us, including any confidential information, product ideas, inventions, or original artwork.

We reserve the right to edit reviews and other materials presented by users, but we do not take responsibility for the truth or accuracy of the Comments, nor do we take responsibility if the Comments we publish are deemed objectionable or offensive by certain individuals or entities.

We will not use your Comments in a way that identifies you personally, without your permission.

Product Details

Description.  Product descriptions and photographs are provided to us by the manufacturer, the distributor or some other third party.  Sometimes we take information directly from the label or other packaging.  We do not investigate to determine if the information is accurate, nor can we provide assurance that all data entry was done without error.  If manufacturers change specifications, we cannot assure you that we will update the information on this Site.  Accordingly, the information displayed on the Site is not guaranteed to be 100% accurate and the actual item should be considered the authoritative source of all information with respect to the item.  If a product does not conform to its description, your sole remedy will be to return it to us in accordance with our Returns Policy. 

Color.  Colors are represented as realistically as possible, but color variations of product images or color swatches are outside of our control because software, hardware and Internet connections can alter the appearance of colors.  If you are unsatisfied with a product, your sole remedy will be to return it to us in accordance with our Returns Policy.

Corrections.  The information published on this Site may contain typographical errors or inaccuracies and may not be complete or current.  We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have placed your order).  These errors, inaccuracies or omissions may related to product description, pricing and availability.  If we discover that pricing information posted on our Site is incorrect, we reserve the right not to fill orders at the incorrect price.  We apologize for any inconvenience this may cause.  

Information on This Site Is Not Medical Advice

Neither the information published on this Site, including product descriptions, nor the information provided on any product label or packaging are intended as a substitute for advice from your physician, physical therapist, or other healthcare professional.  You should not use the information on this site or provided with any product for diagnosis or treatment of any health problem or for prescription of any therapy or other treatment.  You should always speak with your physician or other healthcare professional before starting any diet or exercise program or before adopting any treatment for a health problem, or a suspected health problem of any kind. 

Your Account

If you are under 18 you may not create an account.  You may use the Site only with the approval and active involvement of a parent or guardian, who must create an account for you.

You are responsible for maintaining the confidentiality of information that could be used to access your account such as user id and password, and you agree to accept all responsibility for all activities performed using your user id and password.  Additionally, you are responsible for restricting access to your computer and not using public computers to access your account.

Risk of Loss

All items purchased through this Site are made pursuant to a shipment contract.  This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

DISCLAIMERS

THIS SITE IS PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND.  TO THE FULLEST EXTENT PERMITTED BY LAW, ADVANTAGEHEALTH AND ITS AFFILIATES DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THIS SITE, ITS CONTENTS, AND THE PRODUCTS AND SERVICES MADE AVAILABLE THROUGH THIS SITE.  WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ADVANTAGEHEALTH DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, (A) OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; (B) WITH RESPECT TO ANY MERCHANDISE OFFERED ON THIS SITE (THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT WARRANTY OFFERED BY THE MANUFACTURER OF THE ITEM); (C) RELATING TO THE SECURITY OF THE SITE; (D) THAT THE INFORMATION ON THIS SITE, INCLUDING PRODUCT DESCRIPTIONS, IS ACCURATE, COMPLETE OR CURRENT OR THAT THIS SITE WILL OPERATE WITHOUT INTERRUPTION OR ERROR; OR (E) THAT THE CONTENT PROVIDED ON THIS SITE IS APPLICABLE OR APPROPRIATE FOR USE IN LOCATIONS OUTSIDE OF THE UNITED STATES.

APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF WARRANTIES SET FORTH ABOVE, SO THIS LIMITATION OF WARRANTIES MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES, SHALL ADVANTAGEHEALTH OR ITS AFFILIATES, OR ANY OF THEIR EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS, BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THIS SITE, ANY CONTENT PUBLISHED ON THIS SITE (INCLUDING PRODUCT DESCRIPTIONS AND REVIEWS), OR ANY PRODUCTS OR SERVICES PROVIDED OR PURCHASED THROUGH THIS SITE.  YOUR SOLE REMEDY IF YOU ARE NOT SATISFIED WITH ANY PRODUCT MADE AVAILABLE THROUGH THIS SITE IS TO RETURN THE PRODUCT TO US IN ACCORDANCE WITH OUR RETURNS POLICY.

THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME OR PROFITS), WHETHER THE CLAIM IS IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR STRICT LIABILITY, EVEN IF AN AUTHORIZED REPRESENTATIVE OF ADVANTAGEHEALTH HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND WITHOUT REGARD TO THE EFFECTIVENESS OF OTHER REMEDIES.

APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU.  IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF ADVANTAGEHEALTH UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED FIVE DOLLARS ($5.00).

Links to Sites Operated by Third Parties

This Site may provide links to websites operated by third parties.  We are not responsible for examining or evaluating, and we do not warrant the products or offerings of, any of these businesses or individuals or the accuracy or content of their Web sites.  We do not assume any responsibility or liability for the actions, product, and content of any such sites.  Before you use any site you should review the applicable conditions of use and policies.  The inclusion of a link in this Site does not imply our endorsement of the site.  If you decide to access linked third-party websites, you do so at your own risk.

Interpretation

As used in these Conditions of Use, the term “including” means “including, but not limited to.”

Waiver

Our failure at any time to require performance of any provision of these Conditions of Use or to exercise any right provided for herein shall not be deemed a waiver of such provision or such right.  All waivers must be in writing.  Unless the written waiver contains an express statement to the contrary, no waiver by AdvantageHealth of any breach of any provision of these Conditions of Use or of any right provided for herein shall be construed as a waiver of any continuing or succeeding breach of such provision, a waiver of the provision itself, or a waiver of any right under these Conditions of Use.

Severability

If any provision of these Conditions of Use is held by a court of competent jurisdiction to be contrary to law, such provision shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of these Conditions of Use shall remain in full force and effect.

Governing Law, Jurisdiction and Venue

AdvantageHealth's principal place of business is in Minnesota, and this Site is hosted on a web server located in Minnesota.  These Conditions of Use shall be governed under the laws of the State of Minnesota without regard to its conflicts of law provisions.  All actions or proceedings arising out of or relating to these Conditions of Use shall be venued exclusively in state or federal court in Minneapolis, Minnesota.  You hereby irrevocably consents and submits to the personal jurisdiction of said courts for all such purposes.

Entire Agreement. 

These Conditions of Use contains the entire understanding and agreement between your and AdvantageHeath with respect to your use of this Site, and supersede all previous communications, negotiations and agreements, whether oral, written, or electronic between you and AdvantageHealth with respect to this Site.