Terms of service

OVERVIEW

EFFECTIVE DATE: March 1, 2024

This website and related online properties (“Site”) are operated by Hedstrom Fitness, LLC, an Ohio limited liability company (“BOSU,” “we,” “us” or “our”). BOSU offers the Site, to you, the user, conditioned upon your acceptance of the following terms, conditions, policies, and notices, including those additional terms and conditions and policies referenced herein or available by hyperlink (“Terms of Service,” “Terms”). By accessing, browsing, or using the webpages or other digital content on the Site or purchasing something from us, you agree to be bound, without limitation or qualification, by these Terms of Service.

BY USING THIS SITE, YOU ACCEPT THESE TERMS. YOU AGREE THAT YOU WILL NOT VIOLATE ANY LOCAL, STATE, FEDERAL OR INTERNATIONAL LAWS IN USING THIS SITE OR ITS MATERIALS.

Please read these Terms carefully before accessing or using our Site. If you do not agree to these Terms of Service, then you may not access the Site. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools added to the Site shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates or changes on this page. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Site following the posting of any changes constitutes acceptance of those changes.

Our store is hosted by Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you. Shopify’s Terms of Service can be found here.

SECTION 1 - GENERAL CONDITIONS

By agreeing to these Terms of Service, you represent that you are at least 18 years old or, if higher, the age of majority in your jurisdiction. If you are under the age of 18, please discontinue use or consult a parent or guardian for guidance in using this Site. Except as otherwise indicated, BOSU does not knowingly or intentionally collect personal information from children under age 18.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Site, violate any laws in your jurisdiction (including but not limited to copyright laws).

We reserve the right to refuse service to anyone for any reason at any time.

SECTION 2 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this Site is not accurate, complete, or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this Site is at your own risk.

This Site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this Site at any time, but we have no obligation to update any information on our Site. You agree that it is your responsibility to monitor changes to our Site.

SECTION 3 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the website (or any part or content thereof) or our services without notice at any time. We shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the Site or our products or services.

SECTION 4 - PRODUCTS AND SERVICES

Certain products or services may be available exclusively online through the Site. These products or services may have limited quantities and are subject to return or exchange only according to our Refund Policy, which can be found here.

Certain products, services, or materials sold or made available through this Site may be subject to separate or additional terms and conditions. To the extent that the provisions of any additional terms conflict with these Terms, the provisions of the additional terms will govern.

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your device's display of any color will be accurate, nor that a given product will have the exact color or shade displayed except to the extent expressly promised on that product’s page. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations or that any errors will be corrected.

We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products, services, or pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product or service at any time. Any offer for any product or service made on this Site is void where prohibited.

SECTION 5 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, or orders that use the same billing or shipping address. In the event that we change or cancel an order, we may attempt to notify you by contacting the e‑mail, billing address, or phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

You agree to provide current, complete, and accurate purchase and account information for all purchases made through this Site. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more details, please review our Refund Policy here.

SECTION 6 – PROPRIETARY RIGHTS

All content included on or comprising this Site, including information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material (collectively “Media”) is protected by copyright, trademark, patent, or other proprietary rights, and these rights are valid and protected in all forms, media, and technologies existing now or developed in the future. All Media is protected as a collective work under U.S. and international copyright laws, and BOSU owns, to the fullest extent allowed by such laws, the copyright in the selection, coordination, arrangement, and enhancement of all Media and this Site. You may not remove or modify any copyright, trademark, or other proprietary notice contained in any Media you use, and you may not modify or alter the Media, copy or post the Media on any network computer, or broadcast the Media in any form. You may not copy, scrape, frame, modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale, lease, or rental of, create derivative works from, or in any way exploit any of the Media, in whole or in part. The BOSU logos and other trademarks on the Site are the property of their respective owners and are owned by, licensed to, or, where required, used with permission by BOSU and may not be reproduced, copied, or manipulated in any manner without the express, written approval of the trademark owner.

SECTION 7 - OPTIONAL TOOLS

We may provide you with access to third-party tools that we neither monitor nor have any control or input over. You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of the optional tools offered through the Site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party providers.

We may also, in the future, offer new services or features through the Site, including the release of new tools and resources. Such new features or services shall also be subject to these Terms of Service.

SECTION 8 – EXTERNAL LINKS

This website contains links to other sites operated by third parties (“External Sites”). These links are available for your convenience and are intended only to enable access to these External Sites and for no other purpose. BOSU does not warrant or make any representation about the substance, quality, functionality, accuracy, fitness for a particular purpose, merchantability or any other representation about any External Site or its content, products, or services. A BOSU link to an External Site does not constitute sponsorship, endorsement, approval, or responsibility for any External Site.

The conditions of use and privacy policy of any External Site may differ substantially from these Terms of Service. Please review the conditions of use for all External Sites for more information about the terms and conditions that apply to your use of External Sites. We are not liable for any harm or damages resulting from or related to the purchase or use of any third-party goods, services, resources, content, or transactions through an External Site. Complaints, claims, concerns, or questions regarding anything on an External Site should be directed to that third-party.

SECTION 9 - USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS

You may interact with the Site in various ways, including comments; feedback; reviews; surveys; ratings; testimonials; email communication; solicited and unsolicited ideas, suggestions, proposals, plans; contest entries; and the submission or upload of other materials including, but not limited to, text, audio, images, video, and code (collectively, “Content”). We are and shall be under no obligation to (1) maintain any Content in confidence; (2) pay compensation for any Content; or (3) respond to any Content.

You hereby grant BOSU a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, adapt, translate, reproduce, transmit, publish, display, delete, create derivative works from, and distribute your Content (except order information) throughout the world in any form or media, including when you allow BOSU to feature text, images and videos shared through social media or submitted to us by email. You also grant us the right to use the name and social media handle that you use when you share Content with us in connection with that Content. For this reason, do not send us any Content that you do not wish to license to us, including any confidential information or any original creative materials such as stories, product ideas, computer code, or original artwork.

You are responsible for the legality of any Content you provide to us. You represent and warrant that you have all rights necessary for you to grant the licenses granted in this section, including but not limited to permission from or on behalf of any individuals that appear in the Content to use, and grant to third parties such as BOSU the right to use, their name, image, voice, or likeness without compensation to you or any other person or entity. You further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding Content that you may have under any applicable law under any legal theory. When you share Content with us, you will disclose any affiliations you have and you will not share anything that contains harmful computer code, references other websites, violates the rights of any third-parties, or is false, misleading, illegal, defamatory, libelous, hateful, racist, biased, threatening, or harassing.

You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any Content. You are solely responsible for any Content you make and its accuracy. We take no responsibility and assume no liability for any Content posted by you or any third party.

SECTION 10 - PERSONAL INFORMATION

Your provision and our collection, retention, and use of personal information through the Site and your online interactions with us is governed by our Privacy Policy, which can be viewed here.

SECTION 11 - ERRORS, INACCURACIES, AND OMISSIONS

Occasionally there may be information on our Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information provided is inaccurate at any time without prior notice, including after you have submitted your order.

We undertake no obligation to update, amend, or clarify information on this Site, including without limitation, pricing information, except as required by law. No specified update or refresh date should be taken to indicate that all information on this Site has been modified or updated.

SECTION 12 – ACCOUNT SECURITY

You are responsible for maintaining the confidentiality of your account and password and for restricting access to your device. You agree to not share your account credentials with others. You may only use your account for lawful purposes. Activities including, but not limited to, tampering with any BOSU property or services, misrepresenting the identity of a user, and using buying agents or conducting fraudulent activities, on this Site are prohibited.

SECTION 13 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the Site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the website, other websites, or the Internet.

You may not violate or attempt to violate the security of this Site, including by, without limitation, (a) accessing data not intended for you or logging on to a server or an account which you are not authorized to access; (b) using this Site for unintended purposes or trying to change the behavior of the website; (c) attempting to probe, scan or test the vulnerability of a system or network or breach security or authentication measures without proper authorization; (d) attempting to interfere with service to any user, host or network, including without limitation via means of submitting a virus, overloading, “flooding,” “spamming,” “mailbombing” or “crashing;” (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting; or (f) forging communications on behalf of BOSU or impersonating BOSU or legitimate users. You may not send unsolicited or unauthorized emails on behalf of BOSU, including promotions and advertising of products or services. You may not use any device, software or routine or data to interfere or attempt to interfere with the proper working of this Site or any activity being conducted by BOSU. You may not use or attempt to use any engine, software, tool, agent, data or other device or mechanism (including without limitation browsers, spiders, robots, avatars, or intelligent agents) to navigate or search this Site other than the search engine and search agents we provide and generally publicly available browsers.

We reserve the right to terminate your use of the Site for violating any of the prohibited uses. We may prosecute you to the full extent of the law for any violation of these Terms of Service.

SECTION 14 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

USE OF THIS SITE IS AT YOUR OWN RISK. MATERIALS, SERVICES, AND OTHER INFORMATION ON THIS SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT ANY REPRESENTATION, WARRANTIES, OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. YOU ACKNOWLEDGE AND AGREE THAT BOSU DOES NOT OPERATE OR CONTROL THE RELIABILITY OR SECURITY OF THE INTERNET AND THEREFORE WE CANNOT AND DO NOT GUARANTEE THAT THE USE OF THIS SITE WILL BE SECURE, ERROR FREE, OR FREE OF TECHNOLOGY DOWNTIMES OR UNAVAILABILITY.

YOU ACKNOWLEDGE AND AGREE THAT BOSU CANNOT AND DOES NOT GUARANTEE AGAINST VIRUSES, WORMS, OR OTHER UNAUTHORIZED USERS OR HACKERS ATTEMPTING TO OBTAIN ACCESS TO THIS SITE OR INFORMATION TRANSMITTED TO OR FROM THIS SITE OR THE WEBSITES OF BOSU’S CONTRACTED VENDORS AND/OR SERVICE PROVIDERS.

You agree that at any time, we may restrict access to all or part of the Site for indefinite periods of time, delete specific pages, remove certain products or services, or terminate the Site entirely without notice to you. You expressly agree that your use of, or inability to use, the Site is at your sole risk.

In no case shall BOSU, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability, or otherwise, arising from your use of the Site or any products or services procured using the Site, or for any other claim related in any way to your use of the Site or any product or service, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Site or any content, services, or products posted, transmitted, or otherwise made available via the Site, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 15 – INDEMNIFICATION

You agree to indemnify, defend, and hold harmless BOSU and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, harmless from any claim or demand, including reasonable attorney fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 16 – SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service. Any such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 17 – TERMINATION

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use the Site or when you cease using our Site. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination for all purposes.

If in our sole judgment, you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we may terminate this agreement at any time without notice and deny you access to this Site or any part thereof, and you will remain liable for all amounts owed by you to us up to and including the date of termination.

SECTION 18 - NOTIFICATION OF COPYRIGHT INFRINGEMENT UNDER THE DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA).

If you believe that your copyrighted material may have been infringed by or on this Site, please provide our DMCA Agent with the following information in writing:

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Identification of the copyrighted work claimed to have been infringed or, if multiple copyrighted works are covered by a single notification, a representative list of such works.
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and if available, your email address.
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

The BOSU designated agent to receive notifications of claimed infringement can be reached by:

Mail:

Hedstrom Fitness, LLC

c/o Mr. Seth McArdle

1010 Hedstrom Drive

Ashland, Ohio 44805

Email:

marketing@hfitllc.com

Phone:

1-800-810-6528

For additional information regarding this procedure, please reference 17 USC 512.

SECTION 19 - GOVERNING LAW AND VENUE; CLASS ACTION/JURY WAIVER

You agree that any claim or dispute relating to the BOSU Site or your use or reliance on this Site shall be construed in accordance with the laws of the State of Ohio without regard to its conflict of laws provisions, and you irrevocably consent and agree to submit to the exclusive jurisdiction of the local, state, or federal courts located in or for Ashland County, Ohio for any action related to these Terms of Service or the use of this Site.

We recognize that it is possible for you to obtain access to this Site from any jurisdiction in the world, but we have no practical ability to prevent such access. This Site has been designed to comply with the laws of the State of Ohio and the federal laws of the United State and is not intended to subject BOSU to the laws or jurisdiction of any country other than the United States of America. Those who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. If any material on this Site or your use of the Site is contrary to the laws of the place where you are when you access it, then the Site is not intended for you. You may not use or export materials on this Site in violation of United States export laws and regulations. BOSU reserves the right, in its sole discretion, to limit the provision and quantity of any feature, product, or service to any person or geographic area. Any offer for any feature, product or service made on this Site is void where prohibited.

WITH RESPECT TO ALL PERSONS AND ENTITIES, REGARDLESS OF WHETHER THEY HAVE OBTAINED OR USED THIS SITE FOR PERSONAL, COMMERCIAL, OR OTHER PURPOSES, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND BOSU ARE EACH WAIVING THE RIGHT TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND.

THE PARTIES HERETO, ON BEHALF OF THEMSELVES AND THEIR HEIRS, EXECUTORS, ADMINISTRATORS, SUCCESSORS AND ASSIGNS, AGREE THAT ANY SUIT, ACTION, DISPUTE OR PROCEEDING, WHETHER BY CLAIM OR COUNTERCLAIM, BROUGHT OR INSTITUTED BY OR AGAINST ANY PARTY HERETO OR ANY HEIR, EXECUTOR, ADMINISTRATOR, SUCCESSOR OR ASSIGN OF ANY PARTY HERETO, ARISING OUT OF, CONCERNING OR IN ANY WAY RELATING TO THIS SITE OR THESE TERMS OF SERVICE IN ANY WAY, SHALL BE TRIED WITHOUT A JURY. EACH PARTY HEREBY KNOWINGLY, EXPRESSLY, VOLUNTARILY, AND INTENTIONALLY WAIVES ITS RIGHT TO A JURY TRIAL IN ANY SUCH SUIT, ACTION, DISPUTE, OR PROCEEDING, TO THE FULLEST EXTENT PERMITTED BY LAW.

SECTION 20 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time on this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our Site. It is your responsibility to check the Site periodically for changes. Your continued use of or access to our Site following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 21 - ENTIRE AGREEMENT

These Terms of Service and any policies or operating rules posted by us on this Site or in respect to BOSU products or services constitutes the entire agreement and understanding between you and us and governs your use of the this Site, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us including, but not limited to, any prior versions of the Terms of Service.

Any failure by BOSU to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

SECTION 22 – CONSTRUCTION AND TRANSLATIONS

The provisions of these Terms of Service shall be construed simply according to their fair meaning and not strictly for or against either party. The captions and headings used within these Terms are for convenience of reference only and will not be deemed to define, describe, expand, or limit the meaning of the language of the Terms of Service. Words such as “any” and “including” will be construed as “any and all” and “including but not limited to,” respectively. The words “herein,” “hereof,” “hereunder” and other words of similar import shall refer to the entirety of the Terms of Service and not to any particular article, section, or paragraph unless otherwise specifically provided. Words of the masculine, feminine, or neuter gender shall mean and include the correlative words of other genders, and words importing the singular number shall mean and include the plural number and vice versa. Terms such as “including” are used for purposes of illustration and not of limitation and mean “including but not limited to.” Reference to any law (including statutes and ordinances) means such law (including any and all rules and regulations promulgated thereunder) as amended, modified, codified, reenacted, or replaced, in whole or in part, and in effect at the time of determining compliance or applicability.

These Terms of Service are provided and accepted in the English language, which language shall be controlling in all respects, and all versions or translations hereof in any other language shall be for accommodation only and shall not be binding upon the parties. You agree and understand that the translation of these Terms of Service into any language other than English, including through the use of automatic translation software, may be imprecise or create substantial discrepancies. If there is a discrepancy between any translation of the English version of these Terms of Service or any related documents hereunder and any other version, the original English version shall prevail.

SECTION 23 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to marketing@hfitllc.com.