Last updated: March 01, 2023
Introduction
Welcome to the All In Motion® website at allinnmotion.com (the “Site”). This Site is owned and operated by All In Motion LLC (“All In Motion,” “we,” “us” or “our“).
Please read these Terms of Use (“Terms,” “Terms of Use” or “Agreement“) carefully before using this Site. By using this Site, you agree to be bound by these Terms. If you do not agree to these Terms, do not use this Site.
These Terms apply to all visits to the Site and to the online store, as well as to all information, recommendations, products and services provided to you on or through this Site.
Using Our Site
Eligibility: This Site is intended for use only by adults. You may use this Site only if you are at least 18 years old. If you are under 18, you may use this Site only with involvement and consent of a parent or legal guardian.
Site Access: We grant you a limited, revocable non-exclusive license to access and make personal use of the Site. You shall not use any automatic or manual device or process to monitor or copy our web pages or the content contained therein without our prior written consent.
Site Availability: We strive to keep the Site available twenty-four (24) hours a day, seven (7) days a week. However, we cannot guarantee that the Site or any individual function or feature of the Site will always be available and/or error free. The Site may be temporarily unavailable for regular maintenance, upgrades, and emergency repairs.
Mobile Access: When you access the Site from a mobile device, your wireless service carrier’s normal rates, fees and charges apply. We do not charge you additional fees for using the Site via your mobile device.
Accounts: Certain features and services offered on or through the Site, may require you to set up an account. Don’t reveal your account information to anyone else. You are solely responsible for maintaining the confidentiality and security of your account(s) and for any and all activities that occur under your account.
No Unlawful or Prohibited Use: As a condition of your use of the Site, you warrant that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You shall not access or use the Site in any manner that could damage, disable or overburden our servers or networks. You agree not to attempt to gain unauthorized access to any part of the Site, any service, user account, computer system or network.
User Content: The Site may contain comments sections, and other interactive features that allow you to post content, including photos, videos, questions, reviews, and other information (“User Content”). You agree that you will not post any User Content that is unlawful, harmful, tortious, threatening, abusive, harassing, libelous, defamatory, invasive of another’s privacy, hateful or racially, ethnically or otherwise objectionable. We reserve the right, but do not assume the obligation, to review User Content before it is posted, and to remove any material we deem objectionable.
Online Store
The Site contains an online store where you can purchase All In Motion® branded activewear products like pants, shorts, leggings, sports bras and more (the “Online Store”). The following terms apply specifically to the Online Store:
Placing Orders: You may browse the Online Store anonymously without creating an account. However, to complete and submit an order, you must create an account. To create an account, you must provide your name, valid email address, and password. You agree to provide true and accurate information when creating your account.
You must be at least 18 years old to place an order on the Online Store. If you are under 18, you may place an order only with the involvement of a parent or guardian.
When you place your order by clicking the “Complete Purchase” (or similar) button, you are making an offer to purchase the products in your order. Your credit card will not be charged until we accept your order. All orders are subject to acceptance by us. We reserve the right to deny any order for any reason.
Prices: All prices posted on the Online Store are in U.S. dollars and are subject to change without notice. Prices do not include shipping costs or sales tax, if applicable, which will be added at checkout. If any prices are obviously incorrect, we have the right to refuse or cancel any orders placed for products listed at an incorrect price.
Payment: We accept most major credit cards. By submitting an order, you authorize us to charge the order to your credit card provided. We use third party services for payment processing and have no control over when your credit card is charged. If your credit card cannot be verified, is invalid or is otherwise not acceptable, your order may be suspended or cancelled.
Shipping & Delivery: We will ship your order to the shipping address you provide at checkout. Please make sure your shipping address is complete and accurate. Shipping charges will apply and vary depending on your order total and shipping destination. Applicable shipping charges will be displayed at checkout.
We make every effort to deliver your order in a timely fashion, but cannot make guarantees about the exact delivery date or time. We are not liable for any losses related to shipping delays.
Returns & Refunds: If you are not satisfied with your purchase, you can return it for a full refund within 30 days of delivery, subject to the exceptions below. Items must be in new, unused condition with original tags to qualify for a return. You are responsible for shipping costs related to returns.
The following sale items are non-refundable: sale/clearance items, discounted/promotional items, final sale items marked “no returns”.
Swimwear, undergarments and personal care products are eligible for returns or exchanges if they are in new condition with hygiene liners intact.
To request a return and refund, contact us at [insert customer service email]. We will provide instructions to return your item(s). Once we receive and inspect the return, we will process an appropriate refund to your original payment method. Please allow 1-2 billing cycles for the refund to appear on your credit card statement.
Warranty: We provide a limited warranty that our products will be free of defects in materials and workmanship. This warranty is for a period of [x months/years] from the date of delivery. This limited warranty does not apply to normal wear and tear, improper use, laundry damage, accidents, or alterations. Warranty claims must be submitted to [customer service email] with proof of purchase and details about the claimed defect. If we determine your product is defective under warranty, we will provide a refund or replacement at our discretion.
This limited warranty is the sole warranty applicable to All In Motion® products. We disclaim any other warranties to the maximum extent permitted by law.
Liability Disclaimer: We strive to provide reliable information on the site but cannot guarantee the accuracy, completeness or reliability of any recommendations, descriptions, references or contents on the Site. We make no warranties about the results to be obtained from using the Site or purchasing products from the Online Store. Use of the Site and Online Store is at your own risk.
TO THE FULLEST EXTENT PERMITTED BY LAW, ALL IN MOTION LLC DISCLAIMS ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ALL IN MOTION LLC DOES NOT WARRANT THAT YOUR USE OF THE SITE OR ONLINE STORE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE, ONLINE STORE OR SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Limitation of Liability: TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL ALL IN MOTION LLC BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SITE OR ONLINE STORE, EVEN IF ALL IN MOTION LLC HAS PREVIOUSLY BEEN ADVISED OF, OR REASONABLY COULD HAVE FORESEEN, THE POSSIBILITY OF SUCH DAMAGES, HOWEVER THEY ARISE, WHETHER IN BREACH OF CONTRACT OR IN TORT (INCLUDING NEGLIGENCE).
IN ADDITION, ALL IN MOTION LLC WILL HAVE NO LIABILITY FOR ANY DAMAGE OR INJURY RESULTING FROM HACKING, TAMPERING, VIRUSES OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SITE OR ONLINE STORE.
THE LIMITATIONS IN THIS SECTION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY PROVIDED HEREIN.
Indemnification: As a condition of your access to and use of the Site and/or Online Store, you agree to defend, indemnify and hold harmless All In Motion LLC, its owners, directors, officers, managers, employees, agents, contractors and partners from and against any claims, actions, demands or other proceedings brought against any of them by a third party, to the extent that such claim, suit, action or other proceeding brought against them is based on or arises in connection with:
- Your use of the Site or Online Store;
- Any use or misuse of your account;
- Any User Content you submit or post;
- Your violation of these Terms;
- Your violation of any third party rights, including any intellectual property rights or privacy rights.
You agree to reimburse All In Motion LLC on demand for any damages, loss, costs, liabilities and expenses (including attorneys’ fees) actually incurred by any of them in connection with the foregoing.
Governing Law: These Terms and your use of the Site and Online Store will be governed by the laws of the State of [Your State] without regard to conflict of laws principles. Any legal action arising out of your use of this Site or Online Store must be filed in the state or federal courts located in [Your County or City], [State].
Class Action Waiver: You agree that any dispute or claim you may have against All In Motion LLC shall be brought individually, and you hereby waive your rights to join any action brought as a class action, or to pursue your claim in a class arbitration. The waiver in this paragraph applies whether the action is filed in court or in arbitration.
Intellectual Property
The content on the Site, including but not limited to text, graphics, images, web pages, documents, applications, data, recommendations, information, photographs, video and audio visual elements, and the trademarks, service marks and logos contained therein (“Content”), is the property of All In Motion LLC and/or its Content providers and is protected under both United States and foreign copyright, trademark and other laws.
The collection, arrangement and assembly of all Content on the Site is our exclusive property. You may download, print or store selected portions of the Content for your personal, internal use only, provided you do not modify any Content or remove any trademarks or proprietary notices. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the Content on this Site without our prior written permission is strictly prohibited.
Privacy
Please refer to our Privacy Policy for information about how we collect, use and disclose information about you.
Changes to the Terms
We reserve the right, at any time and without notice, to update, revise, modify, or change these Terms of Use. Your use of the Site following any updates constitutes your acceptance of the updated Terms. You should review these Terms before using the Site to ensure you understand the Terms that apply to use of the Site. The most current version of these Terms will be available on the Site with the effective date posted at the top of the Agreement.
Contact
If you have any questions about these Terms, please contact us at:
All In Motion LLC
123 Fitness Lane
Activesville, USA 12345
Email: [email protected]
These Terms constitute the entire agreement between you and All In Motion LLC with respect to your access and use of this Site and Online Store.
