Welcome to Fit 2 Win!

Fit 2 Win is a website platform for the promotion and ordering of our apparel and related products (hereinafter referred to as “we, us, our” or “Fit 2 Win”). We focus on the production, distribution and sale of athletic focus apparel and related products (the "Services”).

By using the website or accessing any content or material that is made available by Fit 2 Win through any other means, you understand and agree to accept and adhere to the following terms and conditions as stated herein.

1. ACCESSING THE SERVICES

In order to access our Services, whether or not you are a new, existing or former user, you confirm that you have read these Terms of Service (these “Terms”). Whenever you use our Services, you acknowledge that you understand and agree to these Terms, and you also agree to our Privacy Policy (Will link to Privacy Policy). We may make changes to our Terms from time to time. We will publish all changes on this page with the date these amendments are made located at the top of the page, so that you know when we last updated the Terms. This also applies to our Privacy Policies. Your continued use of our Services after any amendments constitutes your acceptance of any such amendments. If you do not agree to comply with these Terms, please do not access or continue to use our Services. 

Unless explicitly stated otherwise, any new features that are added to the current Services, including the release of new tools and resources, shall be subject to these Terms.

By using our Services, you confirm that: 

(i) you are at least 18 years old. Users that are younger than 18, must not use the website or Services without the permission of your parent or legal guardian, who will take responsibility for your compliance with these Terms; (ii) you have read, understood, and agree to be bound by these Terms, including any future modifications.

2. RESPONSIBLE USE AND CONDUCT

By visiting our website and using our Services and accessing the information, resources, services, products, and tools we provide for you, either directly or indirectly (hereafter referred to as “Resources”), you agree to use the Services and these Resources only for the purposes intended as permitted by (a) the Terms, (b) this Acceptable Use Policy and (c) applicable laws, regulations and generally accepted online practices or guidelines (“Acceptable Use”).

(i) Accessing (or attempting to access) any of our Services and Resources by any means other than through the means we provide, is strictly prohibited. You specifically agree not to access (or attempt to access) any of our Services and Resources through any automated, unethical or unconventional means.

(ii) Engaging in any activity that disrupts or interferes with our Services and Resources, including the servers and/or networks to which our Services and Resources are connected or located, is strictly prohibited.

(iii) Attempting to copy, duplicate, reproduce, sell, trade, or resell our Resources is strictly prohibited.

(iv) You are solely responsible for any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by you, as explained above, and may incur criminal or civil liability.

(v) You are not allowed to use our website and Services in a way which may impinge on the rights and freedoms of individuals.

(vi) To the fullest extent permitted by applicable law, you agree to indemnify and hold harmless Fit 2 Win and its affiliates, and their directors, officers, managers, employees, donors, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this Acceptable Use Policy or the failure to fulfill any obligations relating to your use incurred by you or any other person using your account. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this Acceptable Use Policy. In such event, you shall provide us with such cooperation as is reasonably requested by us.

3. REGISTRATION FOR SERVICES

Registration may be necessary for use and ordering through this website.
You may need to provide further details on your registration process.

4. PRIVACY POLICY

Our Privacy Policy is available here and your use and ordering of products from Fit 2 Win constitutes your acknowledgement of and agreement with these terms and our Privacy Policy.

5. OUR CONTENT

All of the content available through the Services (including the right to sue for passing off, design rights, reports, data, databases, tools, code, photographs, pictures, video, interfaces, web-pages, designs, text, graphics, images, information, software (“Software”), audio and other media files, their selection and arrangement, materials and all other intellectual property rights are owned by us (“Our Content”). You acknowledge and accept that you are expressly prohibited from using Our Content except where we grant you a limited license to use Our Content in connection with the Services.

Our name Fit 2 Win™ and any accompanying logo(s) are our owned trademark/service marks.  You are granted no general right or commercial license with respect to our trademarks, service marks and logos.

6. YOUR LICENSE

Subject to your compliance with these Terms and the terms of any product or services agreement entered with us, we grant you a limited, personal, non-transferable, non-sublicensable, worldwide and non-exclusive license to use Our Content for the exclusive purpose of product ordering and using our Services for your own personal, non-commercial use (“License”). Your License to use Our Content is restricted to use of the object code of the Software, and it is a condition of the License that, except where permitted under applicable law, you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, rent, lease, loan, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to access Fit 2 Win or any related website by any means other than through the interfaces that are provided by us for use in accessing the Service.

7. THIRD PARTY APPLICATIONS

The Services may contain third-party owned content and links to other websites, including Google ("Third Party Websites"). We do not endorse, sponsor, recommend, or otherwise accept responsibility for any Third-Party Websites. In addition, Third Party Websites are not under our control and we are not responsible for the content or privacy practices of the Third Party Websites, including, without limitation, links contained on Third Party Websites or any changes or updates to Third Party Websites. We may provide third party content and Third-Party Websites to you only as a convenience, and the inclusion of such third party content and Third Party Websites is not an endorsement by us in favor of any third party. 

You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services available on or through Third Party Websites. We have no responsibility for the content on Third Party Websites that you may find or access when using our Services. Content available on or through Third Party Websites may be protected by copyright and the intellectual property laws of any country.

8. USER CONDUCT

You must not attempt to gain unauthorized access to our Services, the server(s) on which our Services are stored or any server, computer or database connected to our Services. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. We will report any such breach to the relevant law enforcement authorities, and we will cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Services will cease immediately.

9. NO REPRESENTATION OR WARRANTY

We, our officers, employees, contractors, suppliers, affiliates, agents and licensors do not guarantee that our Services and products, or any content therein, will always be available, uninterrupted and free from bugs or viruses and you should use your own anti-virus software. You are responsible for configuring your information technology, computer and mobile phone programs and platform to access any of our Services. We may suspend or withdraw or restrict the availability of all or any part of our Services for business and operational reasons. We will attempt to give you reasonable notice of any suspension or withdrawal, but this may not be possible.

You understand and agree that the Services AND PRODUCTS PROVIDED THROUGH OUR WEBSITE are provided “as is” and that you use the Services at your own risk. To the fullest extent permitted by applicable law, we expressly disclaim all warranties of any kind, whether express or implied, including but not limited to any implied warranties of fitness of the Services for a particular purpose. We do not make any representation or warranty of any kind and do not assume any responsibility for THE SUCCESS OF YOUR JOB SEARCH or ANY OTHER use of our Services, accuracy of Our Content or any other content available by use of the Services. Access to the Services may be slow, limited or unavailable during periods of peak demand, system upgrades, malfunctions or scheduled or unscheduled maintenance, or for any other reason beyond our reasonable control. Our Content available by use of our Services is provided for general information only. It is not intended to amount to advice on which you should rely. Although we make reasonable efforts to update the information on FIT 2 WIN and any related website, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up to date.

10. LIMITATION OF LIABILITY

You acknowledge and warrant that we, our officers, employees, contractors, suppliers, affiliates, agents and licensors are not and shall not be liable to you for any damages, including but not limited to loss of profit, inaccurate results or any data, data being inaccurate, the cost of recovering any data, inability to access the Services, the cost of substitute services, claims by third parties for any damage to computers, software, modems, telephones or any other property, indirect, incidental, special, consequential or exemplary damages, even where we have been advised of the possibility of such damages.

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.

The maximum aggregate liability of us to you in relation to any paid Services (whether such liability arises in contract, tort (including negligence), breach of statutory duty or otherwise) shall, to the fullest extent permitted by applicable law, not exceed the total amount of the fees paid by you to us for the Services and/or our products ordered in the twelve (12) months prior to the initial action giving rise to the liability, which is an aggregate limit that will not increase according to the number of claims brought by you. If no fees have been paid by you and your use of the Services has been limited to the free Services, you shall not be entitled to any damages of any kind.

11. MISCELLANEOUS

You agree to indemnify and hold us, our officers, employees, contractors, suppliers, affiliates, agents and licensors harmless from any losses, damages, cost, expense (including reasonable legal fees) or other liability, arising out of any claim, demand, allegation or proceeding brought by any third party due to, or arising out of your use of the Services, your connection to the Services, your breach of these Terms of Service, or your violation of any rights of another person or entity.

11.2 SEVERABILITY AND WAIVER

Unless as otherwise stated in these Terms of Service, should any provision herein be held invalid or unenforceable for any reason or to any extent, such invalidity or unenforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of the Terms of Service, and the application of that provision shall be enforced to the extent permitted by law. Any failure by Fit 2 Win or any third-party beneficiary to enforce the Terms of Service or any provision thereof shall not waive Fit 2 Win’s or the applicable third-party beneficiary’s right to do so.‍

11.3 ENTIRE AGREEMENT

You agree that these Terms of Service represent the entire understanding between us and you with regard to the subject matter herein, and these Terms of Service supersede any previous agreements, promises, assurances, warranties, representations and understandings, whether written or oral, between us and you.‍

11.4 ASSIGNMENT

Fit 2 Win may assign the Terms of Service or any part of them, and Fit 2 Win may delegate any of its obligations herein. You may not assign the Terms of Service or any part of them, nor transfer or sub-license your rights under the Terms of Service, to any third party.

12. GOVERNING LAW/ JURISDICTION

The Services are controlled by Naptown Apparel, LLC dba “Fit 2 Win”, a company registered in the United States of America (USA) in the State of Maryland. They can be accessed by most countries around the world. As each country has laws that may differ from those of the USA, by accessing our Services, you agree that the statutes and laws of the USA, without regard to the conflict of laws and the United Nations Convention on the International Sales of Goods or any other foreign privacy laws, will apply to all matters relating to the use of the Services and the purchase of any products or services through the Services.

Furthermore, any action to enforce these Terms of Service shall be brought in the courts located in in the State of Maryland, USA. You hereby agree to the jurisdiction by such courts, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.

Any notices or other communication given by you to us shall be done via our support email at customerservice@fit2win.com.

13. LANGUAGE

These Terms of Service were originally written in English. To the extent any translated version of these Terms of Service conflicts with the English version, the English version controls.‍