Terms & Conditions

All content included on this site and in Swiss Mountain Fitness emails, such as text, graphics, logos, button icons, images, audio clips, and software, is the property of Swiss Mountain Fitness (www.swissmountainfitness.com) or its content suppliers and protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all content on this site and in Swiss Mountain Fitness (swissmountainfitness.com) emails is the exclusive property of Swiss Mountain Fitness (swissmountainfitness.com) and protected by U.S. and international copyright laws. All software used on this site is the property of Swiss Mountain Fitness (swissmountainfitness.com) or its software suppliers and protected by U.S. and international copyright laws.

ILLUSTRATIONS, INFORMATION AND ADVICE

Swiss Mountain Fitness (swissmountainfitness.com) obtains photographs, data and other visual, aural and written information directly from the manufacturers, distributors, promoters or suppliers of the products, services and events sold, described or promoted on this site or in Swiss Mountain Fitness (swissmountainfitness.com) emails. Such information may contain inaccuracies. Furthermore, this web site and any Swiss Mountain Fitness (www.swissmountainfitness.com) emails could include typographical errors and/or inaccuracies that derive from other sources, including the negligent acts or omissions of Swiss Mountain Fitness (www.swissmountainfitness.com) own employees. While Swiss Mountain Fitness (swissmountainfitness.com) strives to ensure accuracy, SWISS MOUNTAIN FITNESS (SWISSMOUNTAINFITNESS.COM) MAKES NO WARRANTY OF ANY KIND AND SHALL HAVE NO LIABILITY WHATSOEVER, EVEN IN THE EVENT OF ITS OWN NEGLIGENCE, WITH RESPECT TO, OR ARISING OUT OF, THE PHOTOGRAPHS, DRAWINGS, DATA AND OTHER VISUAL, AURAL AND WRITTEN INFORMATION ON THIS WEB SITE OR IN SWISS MOUNTAIN FITNESS (SWISSMOUNTAINFITNESS.COM) EMAILS, OR WITH RESPECT TO THE SUFFICIENCY OR ACCURACY OF ADVICE GIVEN BY EMPLOYEES OF SWISS MOUNTAIN FITNESS (SWISSMOUNTAINFITNESS.COM), WHETHER OR NOT SUCH ADVICE IS MADE IN WRITING. There is not necessarily a relationship between Swiss Mountain Fitness (swissmountainfitness.com) and the third party owners of any websites accessible through hot links on this site, and those third party owners and their licensees retain all right, title and interest (including all copyrights and other intellectual property rights) in such third party websites and the materials available therein. There is not necessarily a relationship between Swiss Mountain Fitness (swissmountainfitness.com) and third party vendors, promoters or others named, described or recommended in this site or in any Swiss Mountain Fitness (swissmountainfitness.com) emails, and Swiss Mountain Fitness (swissmountainfitness.com) makes no warranty of any kind with respect to such vendors or others, or with respect to any of the products, services, events or information provided or promoted by any of them.

USE OF SITE AND E-MAIL SERVICES

The content and software on this site, and the content of emails sent to those signing up for any of our email lists (hereby referred to in these Terms as "Swiss Mountain Fitness (swissmountainfitness.com)"), may be used as a personal shopping and information resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the content on this site or any Swiss Mountain Fitness (swissmountainfitness.com) emails is strictly prohibited. Swiss Mountain Fitness (swissmountainfitness.com) reserves the right to refuse service, terminate accounts or subscriptions, and/or cancel orders in its discretion at any time and for any reason, including, without limitation, if Interfit Swiss Mountain Fitness (swissmountainfitness.com) believes that customer conduct violates applicable law or is harmful to the interests of Swiss Mountain Fitness (swissmountainfitness.com).

MANUFACTURERS' WARRANTIES

The only warranties that are made with regard to products and services purchased through this web site are those, if any, that are issued by the manufacturer or the provider of the service. If a manufacturer's or provider's warranty is provided to you with an item or service purchased, the terms of that warranty will govern the existence and scope of the manufacturer's warranty to you.

DISCLAIMER OF WARRANTIES AND LIMITATION OF DAMAGES

THIS WEB SITE AND SWISS MOUNTAIN FITNESS (SWISSMOUNTAINFITNESS.COM) EMAILS ARE PROVIDED BY SWISS MOUNTAIN FITNESS (SWISSMOUNTAINFITNESS.COM) ON AN "AS IS" BASIS. SWISS MOUNTAIN FITNESS (SWISSMOUNTAINFITNESS.COM) MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE SITE OR IN SWISS MOUNTAIN FITNESS (SWISSMOUNTAINFITNESS.COM) EMAILS. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, INTERFIT CORPORATION (ZFIT.COM) DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SWISS MOUNTAIN FITNESS (SWISSMOUNTAINFITNESS.COM) WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR OF ANY PRODUCTS OR SERVICES PURCHASED THROUGH, OR INFORMATION AVAILABLE ON OR THROUGH, THIS SITE OR SWISS MOUNTAIN FITNESS (SWISSMOUNTAINFITNESS.COM) EMAILS, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST SAVINGS, LOSS OF USE OR LOSS OF DATA), WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, AND REGARDLESS OF THE THEORY OF LIABILITY PURSUANT TO WHICH SUCH DAMAGES MAY BE SOUGHT. SWISS MOUNTAIN FITNESS (SWISSMOUNTAINFITNESS.COM) IS NOT LIABLE FOR ANY CLAIM MADE BY A THIRD PARTY OR MADE BY YOU FOR A THIRD PARTY. YOU AGREE TO INDEMNIFY AND HOLD SWISS MOUNTAIN FITNESS (SWISSMOUNTAINFITNESS.COM) HARMLESS FROM ANY SUCH CLAIM. ALL DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF DAMAGES APPEARING IN THESE TERMS ARE CUMULATIVE, AND NO DISCLAIMER OR LIMITATION APPEARING IN THESE TERMS IS INTENDED TO LIMIT THE SCOPE OR EFFECT OF ANY OTHER DISCLAIMER OR LIMITATION APPEARING IN THESE TERMS.

SEVERABILITY

The invalidity or unenforceability of any term or provision of this agreement or the non-application of any such term or provision to any party or circumstance shall not impair or affect the remainder of this agreement, and the remaining terms and provisions hereof shall not be invalidated, but shall remain in full force and effect.

CHANGES

These Terms may be changed from time to time by Swiss Mountain Fitness (swissmountainfitness.com) without prior notice by updating or revising this page (or any replacement, substitute or redirect page). You agree to regularly review these Terms for changes and agree that continued use of this site following any change constitutes your acceptance of the change.

NOTICE

All notices and other communications under these Terms shall be in writing or displayed electronically on this site by Swiss Mountain Fitness (swissmountainfitness.com). Notices shall be deemed to have been properly given on the date deposited in the U.S. Mails, if mailed on the date first made available, if displayed on this site or on the date received, if delivered in any other manner. Notices to you may be sent to any of the addresses provided by you, including e-mail addresses. Except as expressly directed otherwise by Swiss Mountain Fitness (swissmountainfitness.com) herein or elsewhere in this site, e-mail notices to Swiss Mountain Fitness (swissmountainfitness.com) must be sent to info@swissmountainfitness.com.

ADDITIONAL TERMS

Other provisions that govern your use of this site and Swiss Mountain Fitness (swissmountainfitness.com) emails are set forth in online notices appearing in connection with certain information, products, software, services or features of this site or Swiss Mountain Fitness (swissmountainfitness.com) emails (collectively, the "Additional Terms"), all of which are incorporated by reference herein. Your use of any information, products, software, services or features of this site or of Swiss Mountain Fitness (swissmountainfitness.com) emails that are subject to Additional Terms constitutes your acceptance of the respective Additional Terms. If you do not agree with any Additional Terms, do not use the respective information, software, product, service or feature.

CAPTIONS: ENTIRE AGREEMENT

The captions used in these Terms are for convenience only and shall not be used to construe or interpret any of the provisions of these Terms. These Terms, together with any Additional Terms, constitute the entire agreement between you and Swiss Mountain Fitness (swissmountainfitness.com) with respect to the subject matter hereof and of the Additional Terms. All prior agreements, understanding, negotiations or representations, whether oral or in writing relating to such subject matter are superseded and canceled in their entirety.

GOVERNING LAW

This site is created and controlled by Swiss Mountain Fitness (swissmountainfitness.com) in the State of New Jersey, USA. Use of this site and any purchase of goods or services through this site shall be governed by and construed in accordance with the laws of the State of New Jersey, without giving effect to principles of conflicts or non-contractual choice of law. Those who choose to access this 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. EXCEPT FOR EQUITABLE RELIEF SOUGHT BY SWISS MOUNTAIN FITNESS (SWISSMOUNTAINFITNESS.COM), WHICH MAY BE SOUGHT IN ANY COURT OF COMPETENT JURISDICTION, THE USER OF THIS SITE AGREES THAT EXCLUSIVE JURISDICTION AND VENUE FOR ANY LEGAL OR EQUITABLE CLAIMS MADE THAT RELATE IN WHOLE OR IN PART TO THIS WEB SITE, SWISS MOUNTAIN FITNESS (SWISSMOUNTAINFITNESS.COM) EMAILS, THESE TERMS, OR THE PURCHASE, RETURN OR USE OF ANY ITEMS OR SERVICES OBTAINED THROUGH USE OF THIS WEB SITE, SHALL BE THE STATE AND FEDERAL COURTS LOCATED IN MONMOUTH COUNTY, NEW JERSEY.

Feel free to contact us with your comments or concerns.

Swiss Mountain Fitness

1385 Highway 35 (#276)

Middletown, NJ 07748

(732) 915-1631

info@swissmountainfitness.com

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