Terms and Conditions of use for the FUJIFitness.com website, including subsidiaries that display these terms, and all software, products, applications, mobile sites, features and services made available, displayed or offered by or through our website or sub-sites (collectively, this “site”) is owned and operated by or on behalf of Hatashita Enterprises Inc., with offices at One Lincoln Plaza, Suite 16B, New York, NY 10023. Your access and use of this site is subject to the following Terms and Conditions of Use (“Terms of Use”) and all applicable laws. Please read these terms of use carefully.

By accessing, browsing, using this site, you acknowledge that you have read, understood, accepted, and agreed to others Terms of Use without limitation or qualification. If you do not agree to all of these Terms of Use, do not access, browse, or use this site or the content or services hereon.

By using the Site, you agree that you will not:
(1) create or maintain any link from another Web site to any page on the Site without our prior written permission; (2) run or display the Site or any material displayed on the Site in frames or through similar means on another Web Site without our prior written permission; (3) modify the information or materials located on the Site in any way or reproduce or publicly display, perform, or distribute or otherwise use any such materials for any public or commercial purpose; (4) use any robot, spider, site search application or other device to retrieve or index any portion of the Site; (5) collect any information about other users, including usernames and email addresses; (6) create or transmit to other users unsolicited electronic communications, such as spam, or otherwise interfere with the other users’ enjoyment of the Site; (7) transmit or upload to the Site any item containing or embodying any virus, worm, defect, Trojan horse, software bomb or other feature designed to damage or degrade in any manner the performance of the Site; (8) take any action that imposes, in our sole discretion, an unreasonable or disproportionately large load on the Site or the IT infrastructure used to operate the Site; (9) submit to the Site any content that is unlawful or facilitates, constitutes, promotes or encourages illegal activity or otherwise use the Site to transfer or store illegal material; or (10) use the Site or any user content to violate any applicable local, state, federal or international law.

FUJIFit, together with its Brand Family (FUJI Sports, Hatashita Sports, FUJI Mats) are collectively referred to in these Terms of Use as “we,” “us,” “our,” or other similar pronouns.

I. Privacy Policy.
We respect your privacy. Our collection, use and disclosure practices regarding your personally identifiable information is set forth in our Privacy Policy. Please take some time to review our Privacy Policy as its terms are incorporated herein by reference and your assent to these Terms of Use includes your assent to our Privacy Policy.

II. Modifications.
We reserve the right to change these Terms of Use from time to time without notice to you. You acknowledge and agree that it is your responsibility to review this Site and these Terms of Use periodically and to be aware of any modifications. Your continued use of this Site after such modifications will constitute your acknowledgement of the modified Terms of Use and agreement to abide and be bound by the modified Terms of Use. We reserve the right to change, suspend or discontinue all or any aspects of this Site at any time, with or without notice. We shall not be liable to you or any third party should we exercise this right. Changes we may make to this Site include, but are not limited to, changes in pricing of services and products offered or advertised on this Site. Any new features added to this Site shall also be subject to these Terms of Use. There may be instances when this Site contains inaccurate or incomplete data despite our efforts to ensure that the information on this Site is accurate, complete and current. We reserve the right to correct errors and/or update the content of this Site at any time without notice. Prices, availability of products and services and anticipated ship dates are subject to change without notice. We also reserve the right to refuse or cancel any order containing any error or inaccuracy, including after the order has been submitted, whether or not the order has been confirmed and your credit card charged. If we cancel your order due to an inaccuracy after your payment has been processed, we will issue a full refund to the original pay type.

III. Intellectual Property.
Certain trademarks, trade names and service marks used or displayed on this Site are the registered and unregistered trademarks, trade names and service marks of their respective owners, including FUJIFit and our Brand Family. Nothing contained on this site grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks, registered trademarks, trade names, service marks or logos displayed on this site without the written permission of Hatashita Enterprises or the respective owner of the intellectual property at issue.

IV. Registration and Eligibility.
FUJIFit allows users to establish an account to access various features of this Site, such as registration for purchases, discussion boards, and other public forums. If you register, you agree to provide FUJIFit with accurate, truthful, complete, and updated registration information. Failure to do so shall constitute a breach of these Terms of Use, which may result in immediate suspension or termination of your account.

You must be 18 years of age or over, or the legal age to form a binding contract in your jurisdiction if that age is greater than 18 years of age, to register for any function, service, or portion of this Site which requires such registration. This Site is not intended or designed to attract children under the age of 13. If you are under the age of 13, you may not use the Site. If you are a minor age between the ages of 13 and 18 (or the applicable legal age in your jurisdiction), you can use such functions or services only in conjunction with, and under the supervision of, your parent or guardian who has agreed to these Terms of Use. If you are a parent or legal guardian agreeing to these Terms of Use for the benefit of a minor between the ages of 13 and 18 (or the applicable legal age in your jurisdiction), you are fully responsible for his or her use of the Website and the User Content (as defined below), including all legal liability he or she may incur. By using this Site and any services provided therein, you represent and warrant that you have the right, authority, and capacity to enter into these Terms of Use and to abide by all of the terms and conditions set forth herein.

V. Passwords.
When you are required to open an account to use or access this Site or any of its features or services, you will also be asked to provide a user name and password. You agree that we may store and use any registration data, including your user name and password, you provide for use in maintaining your account. You are entirely responsible for maintaining the confidentiality and security of your password and account. You may not use the account, username, or password of someone else at any time. You agree to notify FUJIFit immediately of any unauthorized use of your account, user name, or password (collectively, a “User ID”). FUJIFit shall not be liable for any loss that you incur as a result of someone else using your password, either with or without your knowledge. You may be held liable for any losses incurred by FUJIFit, its brand family, subsidiaries, entities owned, related to or controlled by FUJIFit, officers, directors, employees, consultants, staff, agents, and representatives due to someone else’s use of your account or password. FUJIFit reserves the right to refuse registration of, or cancel a User ID, in its sole discretion. You may not sell or transfer your account, or otherwise allow any third party to use your account for any purpose.

VI. Medical Use
You expressly acknowledge and agree that FUJIFit and this Site do not provide medical advice and are not a substitute for professional medical diagnosis, treatment or advice or a medical examination. The content of this Site may contain general information relating to certain medical conditions and their treatment. Such information is provided for informational purposes only and is not intended to replace or substitute for advice provided by a physician or other medical provider. You should not use the information provided on this Site for diagnosing a health problem or disease. Prior to participating in any program, workout, training, course, activity, exercise, diet, or use of any product, program, workout, exercise or treatment discussed on this Site, or if you have any questions regarding a medical condition, seek the advice of your physician and other qualified health-care professionals. You understand that the exercises and programs discussed on this Site can be strenuous and should be scaled or done in moderation. There is an inherent risk in any exercise that, while providing some health benefits, it can also cause unknown health issues. Application or reliance on the techniques, advice, ideas, and
suggestions of any person associated with FUJIFit or this Site are at your sole discretion and risk.

Never disregard professional medical advice or delay in seeking it because of something you have read on the Site. If you think you may have a medical emergency, call your doctor or 911 immediately. FUJIFit does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Site. Reliance on any information provided by FUJIFit, FUJIFit employees or staff, others appearing on the Site at the invitation of FUJIFit, or other visitors to the Site is solely at your own risk.

VII. User Content.
Subject to our Privacy Policy, any communication or material that you transmit to this Site or to us, whether by electronic mail or other means, for any reason, will be treated as non-confidential and non-proprietary. While you retain all rights in such communications or material, you grant us and our designated licensees a non-exclusive, paid-up, perpetual, and worldwide right to copy, distribute, display, perform, publish, translate, adapt, modify, and otherwise use such material for any purpose regardless of the form or medium (now known or not currently known) in which it is used. You understand that we may be working on the same or a similar idea to any ideas, expression of ideas or other materials you submit within your user content (“Idea”), that we may already know of such Idea from other sources, and that we may simply wish to develop such Idea or a similar idea on our own. You agree that we have no obligations to use, return, review, or respond to any user content. You acknowledge that we will have no liability related to the content of any user, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. You understand we may, but are not obligated to, monitor or review any user content. We retain the right to remove any or all user content for any or no reason, including user content that, in our sole discretion, violates these Terms of Use, is offensive or illegal or may harm, violate the rights of or threaten the safety of any user or any other individual or entity.

VIII. Links to Third Party Websites.
This Site may link you to other sites on the Internet or otherwise include references to products, services, documents or information provided by other parties. These other sites and parties are not under our control, and you acknowledge that we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, the site or party by us or our Brand Family, or any warranty of any kind, either express or implied.

Disclaimer. YOUR USE OF THE SITE AND OF ANY USER CONTENT IS AT YOUR OWN RISK. THE MATERIALS AND SERVICES PROVIDED IN CONNECTION WITH THE SITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. NEITHER FUJIFit, NOR ANY COMPANY IN OUR BRAND FAMILY OR OTHER SERVICE PROVIDERS OR SUPPLIERS WARRANT THE ACCURACY OR COMPLETENESS OF THE MATERIALS OR SERVICES PROVIDED ON OR THROUGH THE SITE. THE MATERIALS AND SERVICES PROVIDED ON OR THROUGH THE SITE MAY BE OUT OF DATE, AND NEITHER FUJIFit, NOR ANY COMPANY IN OUR BRAND FAMILY OR OTHER SERVICE PROVIDERS OR SUPPLIERS MAKE ANY COMMITMENT OR ASSUME ANY DUTY TO UPDATE SUCH MATERIALS OR SERVICES. ALL PRODUCTS AND SERVICES PURCHASED ON OR THROUGH THE SITE ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURERS, DISTRIBUTORS AND SUPPLIERS, IF ANY. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, FUJIFit HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCTS AND SERVICES LISTED OR PURCHASED ON OR THROUGH THE SITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, FUJIFit HEREBY EXPRESSLY DISCLAIMS ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION. WE MAKE NO WARRANTIES TO THOSE DEFINED AS “CONSUMERS” IN THE MAGNUSON-MOSS WARRANTY-FEDERAL TRADE COMMISSION IMPROVEMENTS ACT. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.

IX. Indemnification.
You agree to indemnify and hold us and any company in our Brand Family harmless from and against any losses, costs, expenses or damages of any nature whatsoever, including attorney fees and court costs arising from any claim, cause of action, suit or demand of any third party due to, arising out of or related to: (i) your access to and use of the Site; (ii) any user content posted, uploaded or transmitted by you; (iii) your use or distribution of any user content; (iv) your violation of these Terms of Use; or (v) the infringement or other violation by you or any third party using your account or password of any intellectual property or other right of any person or entity.

X. Termination.
You agree that we may, in our sole discretion, terminate or suspend your access to all or part of this Site with or without notice and for any reason, including, without limitation, breach of these Terms of Use. Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. Upon termination or suspension, regardless of the reasons therefore, your right to use the services available on this Site immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information and bar any further access to such account or this Site. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection therewith. These Terms of Use shall survive any termination. You remain liable for any orders that you place or charges that you incur prior to termination.

XI. Entire Agreement/Governing Law/Jurisdiction.
These terms and conditions constitute the entire agreement and understanding between us concerning the subject matter hereof and supersedes all prior agreements and understandings of the parties with respect thereto. Any failure by us to enforce or exercise any provision of these Terms of Use or related rights shall not constitute a waiver of that right or provision. These Terms of Use may NOT be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement or amend this document or to enter an order for products or services which are subject to additional or altered terms and conditions shall be null and void, unless otherwise agreed to in a written agreement signed by you and us. To the extent that anything in or associated with this Site is in conflict or inconsistent with these Terms of Use, these Terms of Use shall take precedence. If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. By accessing this Site you agree that these Terms of Use shall be construed in accordance with the laws of the State of New York, without regard to the conflicts of law provisions thereof. You further agree that any dispute arising under these Terms of Use shall be resolved exclusively by the state courts of the State of New York.

XII. Force Majeure.
In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of products and services available through our Site arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.

Additional Assistance.
If you have any difficulties in using this Site or if you have any questions about these Terms of Use, please call (800) 757-7686 or contact us by using the Contact Us link.