Terms of service

Terms of Service

OVERVIEW

Welcome to CRAMPFIT.

These Terms of Service are entered into by and between you and Crampfit Inc. The terms “we,” “us,” and “our” refer to CRAMPFIT and Crampfit Inc.

CRAMPFIT operates this store and website, including all related information, content, features, tools, products, and services in order to provide you, the customer, with a curated shopping experience (the “Services”). CRAMPFIT is powered by Shopify, which enables us to provide the Services to you.

The below terms and conditions, together with any policies referenced herein, describe your rights and responsibilities when you use the Services.

Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers, limitations of liability, and your responsibilities when using our Services.

By visiting, interacting with, purchasing from, or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or our Privacy Policy, you should not use or access our Services.

SECTION 1 - ACCESS AND ACCOUNT

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state of residence, or that you are the age of majority in your state of residence and have given us your consent to allow any minor dependents to use the Services on devices you own, purchase, or manage.

To use the Services, including accessing or browsing our online store or purchasing products we offer, you may be asked to provide certain information, such as your email address, billing information, payment information, and shipping information.

You represent and warrant that all information you provide to us is accurate, current, and complete, and that you have all rights necessary to provide this information.

You are solely responsible for maintaining the security of your account credentials and for all activity that occurs under your account. You may not transfer, sell, assign, or license your account to any other person.

SECTION 2 - OUR PRODUCTS

We make every effort to provide accurate product descriptions, images, sizing information, and representations of our products. However, colors, fit, appearance, and product details may differ from how they appear on your screen due to device settings, lighting, display configuration, product photography, and production variations.

We do not warrant that the appearance, fit, quality, or performance of any product purchased by you will meet your expectations or be exactly the same as depicted or rendered in our online store.

Our products are apparel, accessories, and fitness lifestyle goods. Products are not medical devices, protective equipment, or performance guarantees. CRAMPFIT products are not intended to prevent injuries, treat health conditions, replace proper training, or substitute professional fitness, medical, or safety advice.

You are responsible for selecting the correct size and using products safely and appropriately.

All product descriptions, availability, prices, and designs are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of any products offered to any person, geographic region, or jurisdiction on a case-by-case basis.

SECTION 3 - ORDERS

When you place an order, you are making an offer to purchase. CRAMPFIT reserves the right to accept or decline your order for any reason at our discretion.

Your order is not accepted until CRAMPFIT confirms acceptance. We must receive and process your payment before your order is accepted.

Please review your order carefully before submitting it. CRAMPFIT may be unable to accommodate cancellation requests, address changes, size changes, color changes, or product changes after an order has been accepted or has entered production.

In the event that we do not accept, make a change to, or cancel an order, we will attempt to notify you using the email, billing address, shipping address, and/or phone number provided at the time the order was made.

Your purchases are subject to return or exchange solely in accordance with our Return & Refund Policy.

You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export.

SECTION 4 - PRICES AND BILLING

Prices, discounts, and promotions are subject to change without notice.

The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email.

Unless otherwise expressly stated, posted prices do not include taxes, shipping, handling, or other applicable charges.

Prices posted in our online store may be different from prices offered in other stores, marketplaces, promotions, or third-party platforms.

We may offer promotions from time to time. Promotions may be governed by additional terms and conditions. If there is a conflict between the terms of a promotion and these Terms of Service, the promotion terms will govern for that specific promotion.

You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made through the Services. You agree to promptly update your account and other information, including your email address and payment information, so that we can complete your transactions and contact you as needed.

You represent and warrant that:

  1. The payment information you provide is true, correct, and complete.

  2. You are duly authorized to use the payment method provided.

  3. Charges incurred by you will be honored by your payment provider.

  4. You will pay all charges incurred by you at the posted prices, including shipping, handling, and applicable taxes.

SECTION 5 - SHIPPING AND DELIVERY

CRAMPFIT currently ships within the United States only.

Order processing and production times are estimates only. Orders are typically processed within 2–7 business days. After processing, U.S. delivery usually takes 5–15 business days depending on the item, carrier, destination, production partner, shipping method, and other factors outside our control.

Delivery times are estimates and are not guaranteed. We are not liable for shipping or delivery delays caused by carriers, production partners, weather, incorrect addresses, service interruptions, high-volume periods, or other events outside our control.

Customers are responsible for providing accurate shipping information. CRAMPFIT is not responsible for orders delayed, returned, lost, or misdelivered due to incorrect or incomplete shipping addresses provided by the customer.

Shipping costs are calculated and displayed at checkout unless a product, promotion, or order qualifies for free shipping. Free shipping may apply only to certain products, orders, promotions, or shipping methods.

Tracking information will be provided when available after an order has shipped.

Once an order is transferred to the carrier, risk of loss passes to you to the extent permitted by law.

SECTION 6 - INTELLECTUAL PROPERTY

Our Services, including but not limited to all trademarks, brands, names, logos, product names, service names, designs, slogans, text, displays, images, graphics, product reviews, videos, audio, website design, and the selection and arrangement of such materials, are owned by CRAMPFIT, Crampfit Inc., its affiliates, or licensors, and are protected by U.S. and foreign intellectual property laws.

These Terms permit you to use the Services for your personal, non-commercial use only.

You must not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, scrape, copy, or transmit any material from the Services without our prior written consent.

Except as expressly provided herein, nothing in these Terms grants or shall be construed as granting any license or rights to you under any patent, trademark, copyright, or other intellectual property of CRAMPFIT, Shopify, or any third party.

Unauthorized use of the Services may violate federal and state intellectual property laws. All rights not expressly granted are reserved by CRAMPFIT.

CRAMPFIT’s names, logos, product names, service names, designs, and slogans are trademarks of CRAMPFIT or its affiliates or licensors. You must not use such trademarks without the prior written permission of CRAMPFIT.

Shopify’s name, logo, product and service names, designs, and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.

SECTION 7 - OPTIONAL TOOLS

You may be provided with access to customer tools offered by third parties as part of the Services, which we neither monitor nor control.

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 endorsement.

We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

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

We may also offer new features through the Services in the future. Such new features shall be deemed part of the Services and are subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS

The Services may contain materials and hyperlinks to websites, platforms, or services provided or operated by third parties, including embedded third-party functionality.

We are not responsible for examining or evaluating the content, accuracy, privacy practices, terms, security, or functionality of third-party materials or websites. If you decide to leave the Services to access third-party materials or websites, you do so at your own risk.

We are not liable for any harm or damages related to your access to third-party websites, or your purchase or use of products, services, resources, or content on third-party websites.

Please review third-party policies and practices carefully before engaging in any transaction. Complaints, claims, concerns, or questions regarding third-party products or services should be directed to the third party.

SECTION 9 - RELATIONSHIP WITH SHOPIFY

CRAMPFIT is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our store are made directly with CRAMPFIT.

By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and CRAMPFIT, including any injury, damage, or loss resulting from purchased products and services.

You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with CRAMPFIT.

SECTION 10 - PRIVACY POLICY

All personal information we collect through the Services is subject to our Privacy Policy, which can be viewed on our website.

Certain personal information may also be subject to Shopify’s Privacy Policy. By using the Services, you acknowledge that you have read these privacy policies.

Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve the Services. Information you submit to the Services will be transmitted to and shared with Shopify and other third parties that may be located in countries other than where you reside, in order to provide services to you.

Review our Privacy Policy for more details on how we, Shopify, and our partners use your personal information.

SECTION 11 - FEEDBACK

If you submit, upload, post, email, tag, message, or otherwise transmit any ideas, suggestions, feedback, reviews, photos, videos, testimonials, proposals, plans, or other content related to CRAMPFIT or the Services, collectively “Feedback,” you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, display, and create derivative works from such Feedback in any medium for any purpose, including for commercial, advertising, social media, website, and promotional use.

You represent and warrant that:

  1. You own or have all necessary rights to all Feedback.

  2. You have disclosed any compensation or incentives received in connection with your Feedback.

  3. Your Feedback will comply with these Terms.

  4. Your Feedback will not violate any third-party rights, including copyright, trademark, privacy, publicity, personality, or other personal or proprietary rights.

We are under no obligation to maintain Feedback in confidence, pay compensation for Feedback, or respond to Feedback.

We may, but have no obligation to, monitor, edit, or remove Feedback that we determine in our sole discretion to be unlawful, offensive, threatening, defamatory, obscene, misleading, infringing, or otherwise objectionable, or that violates these Terms.

You are solely responsible for any Feedback you make and its accuracy. We take no responsibility and assume no liability for Feedback posted by you or any third party.

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on or in the Services that contains typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times, availability, sizing, colors, or product details.

We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information is inaccurate at any time without prior notice, including after you have submitted your order.

SECTION 13 - PROHIBITED USES

You may access and use the Services for lawful purposes only.

You may not access or use the Services, directly or indirectly:

  1. For any unlawful, fraudulent, abusive, or malicious purpose.

  2. To violate any international, federal, state, or local law, rule, or regulation.

  3. To infringe upon or violate our intellectual property rights or the intellectual property rights of others.

  4. To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or harm any person.

  5. To transmit false or misleading information.

  6. To upload, download, use, or reuse any material that does not comply with these Terms.

  7. To send or facilitate advertising or promotional material, including junk mail, chain letters, spam, or similar solicitation.

  8. To impersonate or attempt to impersonate any person or entity.

  9. To engage in conduct that restricts or inhibits anyone’s use or enjoyment of the Services.

  10. To harm CRAMPFIT, Shopify, users of the Services, or expose them to liability.

In addition, you agree not to:

  1. Upload or transmit viruses or malicious code.

  2. Reproduce, duplicate, copy, scrape, extract, sell, resell, or exploit any portion of the Services.

  3. Collect or track personal information of others.

  4. Spam, phish, pharm, pretext, crawl, scrape, or use automated means to access the Services.

  5. Use robots, spiders, data gathering tools, extraction tools, AI tools, automated systems, or manual processes to access, copy, scrape, or interfere with the Services.

  6. Interfere with, bypass, or circumvent security features, robot exclusion headers, authorization features, or other measures we use to restrict access to the Services.

We reserve the right to suspend, disable, or terminate your account or access to the Services at any time, without notice, if we determine that you have violated any part of these Terms.

SECTION 14 - AGENTS

This section applies if you use, allow, enable, or cause the deployment of an Agent to access, use, or interact with the Services.

“Agent” means any software, bot, crawler, scraper, automated system, artificial intelligence tool, or service that takes autonomous or semi-autonomous action on behalf of, or at the instruction of, any person or entity, and that can be executed without direct supervision.

No Agent may access, use, or interact with the Services unless, at all times, it identifies itself and operates in strict accordance with the requirements of this section. No Agent may access, use, or interact with the Services if we have requested that the Agent refrain from doing so.

We may limit, block, or restrict, including by technical measures, whether and how any Agent accesses, uses, and interacts with the Services.

Agents must:

  1. In all HTTP/HTTPS requests, identify that the request is from an Agent and disclose the name of the Agent by including “Agent/[agent name]” in the request’s user agent string.

  2. Not conceal or obfuscate that any access, use, or interaction is from an Agent.

  3. Not mimic human behavior or interaction patterns to avoid detection.

  4. Not complete or circumvent CAPTCHAs or measures intended to distinguish computer use from human use.

  5. Respond truthfully to any question or prompt seeking to determine whether interactions are coming from a human or a computer.

  6. Not circumvent or avoid any measure intended to block, limit, modify, or control whether and how Agents access, use, or interact with the Services.

SECTION 15 - TERMINATION

We may terminate this agreement or your access to the Services, or any part thereof, in our sole discretion at any time without notice.

You will remain liable for all amounts due up to and including the date of termination.

The following sections will continue to apply following termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver, Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive termination.

SECTION 16 - DISCLAIMER OF WARRANTIES

The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of its contents.
EXCEPT AS EXPRESSLY STATED BY CRAMPFIT, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED 'AS IS' AND 'AS AVAILABLE' FOR YOUR USE, 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. WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

SECTION 17 - LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO CASE SHALL CRAMPFIT, CRAMPFIT INC., OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, 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 ANY OF THE SERVICES OR ANY PRODUCTS PROCURED USING THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT.

THIS INCLUDES, BUT IS NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT OR PRODUCT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY.

CRAMPFIT PRODUCTS ARE APPAREL, ACCESSORIES, AND FITNESS LIFESTYLE GOODS. THEY ARE NOT INTENDED TO PREVENT INJURY, GUARANTEE PERFORMANCE RESULTS, OR SUBSTITUTE PROPER TRAINING, MEDICAL, FITNESS, OR SAFETY ADVICE. YOU ARE RESPONSIBLE FOR USING ALL PRODUCTS SAFELY AND APPROPRIATELY.

SECTION 18 - INDEMNIFICATION

You agree to indemnify, defend, and hold harmless CRAMPFIT, Crampfit Inc., Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities, claims, or expenses, including reasonable attorneys’ fees, payable to any third party due to or arising out of:

  1. Your breach of these Terms of Service or any documents they incorporate by reference.

  2. Your violation of any law or the rights of a third party.

  3. Your access to or use of the Services.

  4. Your misuse of any product purchased through the Services.

  5. Any content, feedback, review, image, video, or other material you submit to CRAMPFIT.

We will notify you of any indemnifiable claim, provided that failure to promptly notify you will not relieve you of your obligations unless you are materially prejudiced. We may control the defense and settlement of such claim at your expense, including choice of counsel, but we will not settle any claim requiring non-monetary obligations from you without your consent, which will not be unreasonably withheld. You agree to cooperate in the defense of indemnified claims, including by providing relevant documents and information.

SECTION 19 - 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.

The unenforceable portion shall be deemed severed from these Terms of Service, and such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 20 - WAIVER; ENTIRE AGREEMENT

The failure of CRAMPFIT to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this website or in respect to the Services constitute the entire agreement and understanding between you and CRAMPFIT. They govern your use of the Services and supersede any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and CRAMPFIT, including any prior versions of the Terms of Service.

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 21 - ASSIGNMENT

You may not delegate, transfer, or assign this agreement or any of your rights or obligations under these Terms without our prior written consent. Any such attempt will be null and void.

We may transfer, assign, or delegate these Terms and our rights and obligations without consent or notice to you.

SECTION 22 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of California, United States, without regard to conflict of law principles.

You and CRAMPFIT agree to submit to the personal jurisdiction and venue of the state and federal courts located in California for the resolution of any disputes arising out of or relating to these Terms, the Services, or any purchases made through the Services, except where prohibited by applicable law.

SECTION 23 - HEADINGS

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 24 - 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, in our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website.

It is your responsibility to check our website periodically for changes. We will notify you of any material changes to these Terms in accordance with applicable law, and such changes will be effective on the date specified in the notice.

Your continued use of or access to the Services following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 25 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to CRAMPFIT Support at orders@crampfit.com.

Our contact information is posted below:

CRAMPFIT
Crampfit Inc.
Los Angeles, California, USA
Email: orders@crampfit.com
Website: crampfit.com