Terms of service
Terms of Service
Welcome to Alphanovafit. The terms “we”, “us”, and “our” refer to Alphanovafit. Alphanovafit operates this store and website, including all information, content, features, tools, products, and services in order to provide you, the customer, with a curated shopping experience. Alphanovafit is powered by Shopify, which allows us to provide you with the Services.
The following terms and conditions, along with any policies referenced here in (the “Terms of Service” or “Terms”), describe your rights and responsibilities when using the Services.
Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as disclaimers and limitations of liability.
By visiting, interacting with, or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy [Privacy policy – Alphanovafit]. If you do not agree to these Terms of Service or the Privacy Policy, you should not use 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 the state or province in which you reside, and that you have given us your consent to allow any of your minor dependents to use the Services on devices that you own, purchase, or manage.
To use the Services, including accessing our online stores, browsing them, or purchasing any products or services we offer, you may be asked to provide certain information such as your email address, billing address, payment method, and shipping address. You represent and warrant that all information you provide through our stores is accurate, current, and complete, and that you have all necessary rights to provide such 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 have made every effort to accurately display our products and services in our online stores. However, please note that the colors or appearance of a product may differ from how they appear on your screen due to the type of device you use to access the store and your device settings.
We do not guarantee that the appearance or quality of any products or services you purchase will meet your expectations or be exactly the same as those displayed in our online stores.
All product descriptions 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 we may limit the quantities of any products we offer 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. Alphanovafit reserves the right to accept or reject your order for any reason at its sole discretion. Your order will not be accepted until Alphanovafit confirms its acceptance. We must receive and process your payment before your order is accepted. Please review your order carefully before submitting it, as Alphanovafit may not be able to accommodate cancellation requests once an order has been accepted. If we do not accept, modify, or cancel an order, we will attempt to notify you using the email address, billing address, or phone number provided at the time the order was placed.
Your purchases are subject to returns or exchanges only in accordance with our Refund Policy [Refund policy – Alphanovafit].
You represent and warrant that your purchases are for personal or household use only and not for resale or export for commercial purposes.
SECTION 4: PRICING 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 the order confirmation email you receive. Unless expressly stated otherwise, published prices do not include taxes, shipping, handling, customs duties, or import charges.
Prices displayed in our online stores may differ from those offered in physical stores or in online or other stores operated by third parties. From time to time, we may offer promotions through the Services that may affect pricing and are governed by terms and conditions separate from these Terms. If there is a conflict between the terms of a promotion and these Terms, the promotion terms will prevail.
For all purchases made through our stores, you agree to provide current, complete, and accurate purchase, payment, and account information. You agree to promptly update your account information and other details, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
You represent and warrant that:
(i) the credit card information you provide is true, correct, and complete;
(ii) you are duly authorized to use such credit card for the purchase;
(iii) your credit card company will honor the charges incurred by you; and
(iv) you will pay the charges incurred at the posted prices, including applicable shipping, handling, and taxes, if any.
SECTION 5: SHIPPING AND DELIVERY
We are not responsible for delays in shipping or delivery. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs processing, or events beyond our control. Once we deliver the products to the shipping carrier, title and risk of loss pass to you.
SECTION 6: INTELLECTUAL PROPERTY
Our Services, including but not limited to trademarks, brands, text, samples, images, graphics, product reviews, video and audio, and the design, selection, and arrangement of these elements, are the property of Alphanovafit, its affiliates, or licensors and are protected by United States and foreign copyright and other intellectual property laws.
These Terms permit you to use the Services for personal, non-commercial purposes only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any material from the Services without our prior written consent. Unless expressly stated in this document, no part of these Terms grants or shall be interpreted as granting you any license or other rights under any patent, trademark, copyright, or other intellectual property of Alphanovafit, Shopify, or any third party. Unauthorized use of the Services may violate federal and state intellectual property laws. Alphanovafit reserves all rights not expressly granted herein.
The names, logos, product and service names, designs, and slogans of Alphanovafit are trademarks of Alphanovafit, its affiliates, or its licensors. You must not use these trademarks without prior written permission from Alphanovafit. The name, logo, product and service names, designs, and slogans of Shopify are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans in the Services are trademarks of their respective owners.
SECTION 7: OPTIONAL TOOLS
As part of the Services, we may provide you with access to customer tools offered by third parties over which we neither monitor, control, nor have any input.
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.
Your use of 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 under which the relevant third-party providers make such tools available.
We may also, in the future, offer new features through the Services (including the release of new tools and resources). Such new features shall also be considered part of the Services and will be subject to these Terms of Service.
SECTION 8: THIRD-PARTY LINKS
The Services may contain materials and hyperlinks to websites provided or operated by third parties (including any embedded third-party functionality). We are not responsible for examining or evaluating, and we do not warrant the accuracy of, any third-party materials or websites that you choose to access. If you decide to leave the Services to access these materials or third-party sites, 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, or resources from such third-party websites. Please review carefully the policies and practices of third parties and make sure you understand them before engaging in any transaction. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the third party.
SECTION 9: RELATIONSHIP WITH SHOPIFY
Alphanovafit is powered by Shopify, which enables us to provide you with the Services. However, any sale or purchase made in our store is conducted directly with Alphanovafit. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Alphanovafit, including any injury, damage, or loss resulting from products or services purchased. You hereby expressly release Shopify and its affiliates from any and all claims, damages, and liabilities arising from or related to your purchases and transactions with Alphanovafit.
SECTION 10: PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy, which can be viewed here [Privacy policy – Alphanovafit], and certain personal information may also be subject to Shopify’s Privacy Policy, which can be viewed here. 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 related to your access to and use of the Services in order to provide and improve the Services for you. To provide services to you, the information you submit to the Services will be transmitted to and shared with Shopify and third parties who may be located in countries other than the one in which you reside. For more information about how we, Shopify, and our partners use your personal information, please review our Privacy Policy [Privacy policy – Alphanovafit].
SECTION 11: COMMENTS
If you send, upload, post, email, or otherwise transmit ideas, suggestions, comments, reviews, proposals, plans, or other content (collectively, “Comments”), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display such Comments in any media and for any purpose, including commercial use. For example, we may use our rights under this license to operate, provide, evaluate, optimize, improve, and promote the Services, and to fulfill our obligations and enforce our rights under the Terms of Service.
You also represent and warrant that:
(i) you own or control all rights to the Comments;
(ii) you have disclosed any compensation or incentives received in connection with submitting the Comments; and
(iii) your Comments will comply with these Terms.
We have no obligation to:
(1) maintain any Comments in confidence;
(2) provide compensation for any Comments; or
(3) respond to any Comments.
We may, but have no obligation to, monitor, edit, or remove Comments that we determine, in our sole discretion, to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable, or that violate any party’s intellectual property or these Terms of Service.
You agree that your Comments will not violate any rights of third parties, including copyright, trademark, privacy, personality, or other personal or proprietary rights. You further agree that your Comments will not contain defamatory or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Services or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any Comments. You are solely responsible for any Comments you make and their accuracy. We take no responsibility and assume no liability for any Comments posted by you or any third party.
SECTION 12: ERRORS, INACCURACIES, AND OMISSIONS
From time to time, information on the Services may contain 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 on the Services 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 only for lawful purposes. You may not access or use the Services, directly or indirectly:
(a) for any unlawful or malicious purpose;
(b) to violate any international, federal, provincial, state, or local laws or regulations;
(c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
(d) to harass, abuse, insult, harm, defame, slander, disparage, or intimidate our employees or any other person;
(e) to submit false or misleading information;
(f) to upload, download, use, or reuse any material that does not comply with these Terms;
(g) to transmit or procure the sending of any “junk mail,” “chain letters,” “spam,” or any other similar solicitation;
(h) to impersonate or attempt to impersonate another person or entity; or
(i) to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or that, as determined by us, may harm Alphanovafit, Shopify, or users of the Services, or expose them to liability.
You also agree not to:
(a) upload or transmit viruses or any other type of malicious code that may be used in any way that will affect the functionality or operation of the Services;
(b) reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services;
(c) collect or track the personal information of others;
(d) spam, phish, pharm, pretext, spider, crawl, or scrape; or
(e) interfere with or circumvent the security features of the Services or any related website, other websites, or the Internet.
We reserve the right to suspend, disable, or terminate your account at any time without notice if we determine that you have violated any part of these Terms.
SECTION 14: TERMINATION
We may terminate this agreement or suspend your access to the Services (or any part thereof) at our sole discretion at any time without notice, and you will remain responsible for all amounts due up to the date of termination.
The following sections will survive any termination: Intellectual Property, Comments, Termination, Warranty Disclaimer, Limitation of Liability, Indemnification, Severability, Waiver, Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature are intended to survive termination.
SECTION 15: WARRANTY DISCLAIMER
The information presented on or through the Services is made available for general informational purposes only. We do not guarantee 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 arising from reliance on such materials by you, any visitor to the Services, or any person aware of their content.
UNLESS EXPRESSLY STATED BY ALPHANOVAFIT, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE OR WARRANT THAT YOU WILL BE ABLE TO USE THE SERVICES UNINTERRUPTED, TIMELY, SECURELY, OR ERROR-FREE. IN CERTAIN JURISDICTIONS, THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES MAY BE LIMITED OR NOT PERMITTED, SO THIS DISCLAIMER MAY NOT APPLY TO YOU.
SECTION 16: LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL ALPHANOVAFIT, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, OR LICENSORS, NOR Shopify AND ITS AFFILIATES, BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFITS, REVENUE, SAVINGS, DATA, REPLACEMENT COSTS, OR SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR STRICT LIABILITY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES OR ANY PRODUCTS, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR DAMAGES OF ANY KIND RESULTING FROM THE USE OF THE SERVICES OR ANY CONTENT (OR PRODUCT) MADE AVAILABLE THROUGH THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SECTION 17: INDEMNIFICATION
You agree to indemnify, defend, and hold harmless AlphaNovaFit, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from and against any loss, damage, liability, or claim, including the cost of reasonable attorney’s fees, brought by any third party arising out of (1) your breach of these Terms of Service or the documents incorporated herein by reference; (2) your violation of any law or third-party rights; or (3) your access to or use of the Services.
We will notify you of any claim subject to indemnification, and failure to provide prompt notice will not relieve you of your obligations except to the extent you are materially prejudiced. We may, at our discretion, control the defense and settlement of such claims at your expense, including the selection of counsel, but we will not settle claims imposing non-monetary obligations on you without your consent (which shall not be unreasonably withheld or delayed). You agree to cooperate in the defense of indemnified claims, including by providing relevant documents.
SECTION 18: SEVERABILITY
If any provision of these Terms of Service is found to be illegal, invalid, or unenforceable, such provision shall be enforced to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severable from these Terms of Service; such determination shall not affect the validity or enforceability of any other provision.
SECTION 19: WAIVER; ENTIRE AGREEMENT
The failure by us to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service, together with any policies or operational rules published on this site or with respect to the Services, constitute the entire agreement and understanding between you and us, govern your use of the Services, and supersede any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, without limitation, any prior versions of the Terms of Service).
Any ambiguity in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 20: ASSIGNMENT
You may not delegate, transfer, or assign this Agreement or your rights or obligations under these Terms without our prior written consent, and any attempt to do so shall be null and void. We may transfer, assign, or delegate these Terms, along with our rights and obligations, without your consent or notice.
SECTION 21: GOVERNING LAW
These Terms of Service and any separate agreements by which we provide you Services shall be governed by and construed in accordance with the federal and state or territorial courts of the jurisdiction where AlphaNovaFit is located. You and AlphaNovaFit consent to the exclusive jurisdiction and venue of these courts.
SECTION 22: HEADINGS
The headings used in this agreement are included for convenience only and shall not limit or otherwise affect these Terms.
SECTION 23: CHANGES TO THE TERMS OF SERVICE
You may 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, modify, or replace any part of these Terms of Service by posting updates and changes on our website. You are responsible for periodically visiting our website to review any modifications. We will notify you of any material changes to these Terms in accordance with applicable law, and such changes will take effect as of the date specified in the notice. Your continued use of or access to the Services after any such modifications constitutes your acceptance of the updated Terms of Service.
SECTION 24: CONTACT INFORMATION
You should direct any questions regarding the Terms of Service to fidel@alphanovafit.com.
Our contact information is provided below:
Business Name: ALPHANOVAFIT
Email Address: fidel@alphanovafit.com
Physical Address: 4511 W Paris St, Tampa, FL, united States
Phone Number: 8135070934
WELCOME AND GENERAL TERMS
Welcome to Alphanovafit. The terms “we,” “us,” and “our” refer to Alphanovafit. Alphanovafit operates this store and website, including all information, content, features, tools, products, and services to provide you, the customer, with a curated shopping experience. Alphanovafit uses Shopify technology to provide the Services.
These Terms of Service (Términos de servicio – Alphanovafit) and all policies referenced herein describe your rights and responsibilities when using the Services.
Please read these Terms of Service carefully as they contain important legal information, including disclaimers and limitations of liability.
By accessing, interacting with, or using our Services, you agree to comply with these Terms of Service and our Privacy Policy [Política de privacidad – Alphanovafit]. If you do not agree to these Terms or the Privacy Policy, you should not use the Services.
SECTION 1: ACCESS AND ACCOUNT
By accepting these Terms of Service, you represent that you are at least the age of majority in your state or province of residence and that you have given consent for any minors under your care to use the Services on devices you own, purchase, or manage.
To use the Services, including accessing our online stores, browsing them, or purchasing any products or services we offer, you may be required to provide certain information, such as your email address, billing address, payment method, and shipping address. You represent and warrant that all information you provide is accurate, current, and complete, and that you have all necessary rights to provide such information.
You are solely responsible for maintaining the confidentiality of your account credentials and all activity under your account. You may not transfer, sell, or assign your account to another person, nor grant licenses related to the account.
SECTION 2: OUR PRODUCTS
We have made every effort to accurately display our products and services in our online stores. However, you should be aware that the colors or appearance of the product may differ from what appears on your screen due to the type of device you use to access the store and its settings.
We do not guarantee that the appearance or quality of the products or services you purchase will meet your expectations or be identical to those displayed in our online stores.
All product descriptions are subject to change at any time at our sole discretion without notice. We reserve the right to discontinue any product at any time and may limit the quantities of products offered to any person, geographic region, or jurisdiction as applicable.
SECTION 3: ORDERS
When you place an order, you are making an offer to purchase. Alphanovafit reserves the right to accept or reject your order for any reason at its sole discretion. Your order is not accepted until Alphanovafit confirms acceptance. We must receive and process your payment for order acceptance.
Please review your order carefully before shipment, as Alphanovafit may not be able to accommodate cancellation requests once an order has been accepted. If we do not accept, modify, or cancel an order, we will attempt to notify you via the email, billing address, or phone number provided when placing the order.
Your purchases are subject to return or exchange only in accordance with our Refund Policy [Política de reembolsos – Alphanovafit].
You represent and warrant that your purchases are for personal or household use only and not for resale or export for commercial purposes.
SECTION 4: PRICING 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 reflected in the order confirmation email you receive. Unless explicitly stated otherwise, posted prices do not include taxes, shipping, order handling, customs, or import fees.
Prices posted in our online stores may differ from those offered in physical stores, online, or other third-party stores. From time to time, we may offer promotions on the Services that may affect pricing and are governed by terms and conditions separate from these Terms. In case of a conflict between promotion terms and these Terms, the promotion terms will prevail.
For all purchases made in our stores, you agree to provide current, complete, and accurate information regarding purchases, payments, and accounts. You agree to promptly update account information and other details, such as your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
You represent and warrant that (i) the credit card information you provide is true, correct, and complete; (ii) you have the proper authorization to use the credit card for purchase; (iii) your credit card issuer will cover the charges you incur; and (iv) you will pay the charges incurred at the posted prices, including any shipping, handling, and applicable taxes.
SECTION 5: SHIPPING AND DELIVERY
We are not responsible for delays in shipping or delivery. All delivery times are estimates only and are not guaranteed. We are not liable for delays caused by carriers, customs processing, or events beyond our control. Once we deliver products to the carrier, title and risk pass to you.
SECTION 6: INTELLECTUAL PROPERTY
Our Services, including, without limitation, trademarks, service marks, text, samples, images, graphics, product reviews, video and audio, and the design, selection, and arrangement of these, are owned by Alphanovafit, its affiliates, or licensors and are protected by U.S. and foreign copyright and other intellectual property laws.
These Terms allow you to use the Services only for personal and non-commercial purposes. You may not reproduce, distribute, modify, create derivative works from, publicly display, include in public demonstrations, republish, download, store, or transmit the material included in the Services without our prior written consent.
Unless expressly stated herein, no part of these Terms grants or should be interpreted as granting you any license or other rights to patents, trademarks, copyrights, or any other intellectual property of Alphanovafit, Shopify, or third parties. Unauthorized use of the Services may violate federal and state intellectual property laws. Alphanovafit reserves all rights not expressly granted herein.
The names, logos, product and service names, designs, and slogans of Alphanovafit are registered trademarks of Alphanovafit, its affiliates, or licensors. You may not use these trademarks without prior written consent from Alphanovafit. The name, logo, product and service names, designs, and slogans of Shopify are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans of the Services are trademarks of their respective owners.
SECTION 7: OPTIONAL TOOLS
As part of the Services, you may be given access to customer tools provided by third parties over which we have no supervision, control, or collaboration.
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 will not assume any liability arising from your use of third-party optional tools.
At your sole discretion, you assume the risk for the use of third-party optional tools offered through the site, and you must ensure that you understand and accept the terms under which third-party providers offer such tools.
In the future, we may also offer new features through the Services (including the launch of new tools and resources). These new features shall also be considered part of the Services and will be subject to these Terms of Service.
SECTION 8: THIRD-PARTY LINKS
The Services may contain materials and hyperlinks to websites provided or operated by third parties (including any embedded third-party functionality). We are not responsible for reviewing or evaluating, nor for the accuracy of, any materials or websites of third parties that you choose to access. If you choose to leave the Services to access such materials or third-party sites, you do so at your own risk.
We are not responsible for any loss or damage related to your access to third-party websites, or to the purchase or use of products, services, or resources from third-party websites. Please carefully review the policies and practices of third parties and ensure you understand them before conducting any transaction. Any complaints, claims, concerns, or questions regarding third-party products and services should be directed to the respective third party.
SECTION 9: RELATIONSHIP WITH SHOPIFY
Alphanovafit is powered by Shopify, which allows us to provide the Services. However, any sales and purchases made in our store are conducted directly with Alphanovafit. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of the transactions between you and Alphanovafit, including injuries, damages, or losses caused by the products or services purchased. You hereby expressly release Shopify and its affiliates from any claims, damages, and liabilities arising from or related to your purchases and transactions with Alphanovafit.
SECTION 10: PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy, available here [Política de privacidad – Alphanovafit], and certain personal information may also be subject to Shopify’s Privacy Policy, available here [Política de privacidad de Shopify]. By using the Services, you acknowledge that you have read these privacy policies.
Since the Services are hosted on Shopify, Shopify collects and processes personal information related to your access to and use of the Services in order to provide and improve the Services for you. For the purpose of providing you with services, the information you submit to the Services will be transmitted to Shopify and to third parties that may be located in countries outside your residence, and it may be shared with them. For more information about how we, Shopify, and our partners use your personal information, please review our Privacy Policy [Política de privacidad – Alphanovafit].
SECTION 11: FEEDBACK
If you submit, upload, post, email, or otherwise transmit ideas, suggestions, comments, reviews, proposals, plans, or other content (collectively, “Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display such Feedback in any media and for any purpose, including commercial use. For example, we may use our rights under this license to manage, provide, evaluate, optimize, improve, and promote the Services, and to fulfill our obligations and enforce our rights under the Terms of Service.
You also represent and warrant that: (i) you have all necessary rights to all Feedback; (ii) you disclosed any compensation or incentives received in connection with your submission of Feedback; and (iii) your Feedback will comply with these Terms. We have no obligation to (1) treat your Feedback as confidential; (2) provide compensation for your Feedback; or (3) respond to your Feedback.
We may, at our sole discretion and without any obligation, monitor, edit, or remove Feedback that we determine to be illegal, offensive, threatening, defamatory, libelous, pornographic, obscene, or otherwise objectionable, or that constitutes an infringement of intellectual property rights of any party or these Terms of Service.
You agree that your Feedback will not violate any third-party rights, including copyrights, trademarks, privacy, personality, or other personal or proprietary rights. You also agree that your Feedback will not contain libelous, illegal, abusive, obscene content, or computer viruses or other malware that could in any way affect the functionality of the Services or any related website. You may not use a false email address, impersonate any person, or mislead, whether to us or to third parties, regarding the origin of the Feedback. You are solely responsible for any Feedback you submit and its accuracy. We are not responsible for Feedback posted by you or by third parties.
SECTION 12: ERRORS, INACCURACIES, AND OMISSIONS
From time to time, there may be information about the Services or contained within them 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 in the event of any inaccuracies in the information, at any time, without prior notice (even after you have placed your order).
SECTION 13: PROHIBITED USES
You may access and use the Services only for lawful purposes. You may not access or use the Services, directly or indirectly, to:
(a) engage in any illegal or malicious activity;
(b) violate any local, international, federal, provincial, or state laws or regulations;
(c) infringe or violate our intellectual property rights or the intellectual property rights of others;
(d) harass, abuse, insult, harm, defame, slander, discredit, or intimidate our employees or any other person;
(e) transmit false or misleading information;
(f) knowingly send, receive, upload, download, use, or reuse material that does not comply with these Terms;
(g) transmit or attempt to transmit “spam,” chain letters, junk mail, or any other similar content;
(h) impersonate any person or entity, or attempt to do so; or
(i) engage in any other conduct that restricts or inhibits someone’s use or enjoyment of the Services or that, in our determination, may harm AlphaNovaFit, Shopify, or users of the Services, or expose them to liability.
You also agree not to:
(a) upload or transmit viruses or any other type of malicious code that may be used or could be used in any way that affects the functionality or provision of the Services;
(b) reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services;
(c) collect or track the personal information of others;
(d) send unsolicited emails, engage in phishing, commit pharmaceutical fraud, engage in fraudulent misrepresentation, commit spidering offenses, or perform web scraping; or
(e) interfere with or bypass the security features of the Services or any related website, other websites, or the Internet.
We reserve the right to suspend, deactivate, or terminate your account at any time without notice if we determine that you have violated any part of these Terms.
SECTION 14: TERMINATION
We may terminate this agreement or suspend your access to the Services (or any part thereof) at our sole discretion at any time without notice, and your responsibility for all amounts owed up to the date of termination will remain in effect.
The following sections will survive 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 which, by their nature, are intended to survive termination.
SECTION 15: DISCLAIMER OF WARRANTIES
The information presented on or through the Services is made available for general informational purposes only. We do not guarantee 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 arising from any reliance placed on such materials by you, any visitor to the Services, or anyone who may be aware of its content.
UNLESS EXPRESSLY STATED BY ALPHANOVAFIT, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, INCLUDING ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, OR NON-INFRINGEMENT. WE DO NOT WARRANT OR REPRESENT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. IN SOME JURISDICTIONS, THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES IS LIMITED OR NOT ALLOWED, SO THIS DISCLAIMER MAY NOT APPLY TO YOU.
SECTION 16: LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES SHALL ALPHANOVAFIT, OUR PARTNERS, OFFICERS, EXECUTIVES, AFFILIATED EMPLOYEES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, OR LICENSORS, NOR SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY INJURIES, LOSSES, CLAIMS, OR DAMAGES, WHETHER DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST REVENUE, LOST SAVINGS, DATA LOSS, REPLACEMENT COSTS, OR SIMILAR DAMAGES, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), OR STRICT LIABILITY, ARISING FROM YOUR USE OF ANY OF THE SERVICES, OR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING BUT NOT LIMITED TO ANY ERRORS OR DAMAGES OF ANY KIND RESULTING FROM THE USE OF THE SERVICES OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR MADE AVAILABLE THROUGH THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SECTION 17: INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Alphanovafit, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any loss, damage, liability, or claim, including reasonable attorneys’ fees, payable to any third party as a result of:
(1) your breach of these Terms of Service or any documents incorporated by reference;
(2) violation of any law or third-party rights; or
(3) your access to and use of the Services.
We will notify you of any claim subject to indemnification, although our failure to promptly provide such notice will not exempt you from your obligations unless you have suffered significant damages. We may control the defense and resolution of such claim at your expense, including selection of counsel, but will not settle claims imposing non-monetary obligations on you without your consent (without undue delay). You will cooperate in defending claims subject to indemnification, including providing relevant documents.
SECTION 18: SEVERABILITY
If any provision of these Terms of Service is found to be illegal, invalid, or unenforceable, that provision shall be enforced to the maximum extent permissible under applicable law, and the unenforceable portion shall be considered severable from these Terms of Service; such a determination will not affect the validity or enforceability of any other provision.
SECTION 19: WAIVER; ENTIRE AGREEMENT
The failure to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service, along with any policies or operating rules we publish on this site or with respect to the Services, constitute the entire agreement and understanding between you and us, govern your use of the Services, and supersede any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, without limitation, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the party that drafted the document.
SECTION 20: ASSIGNMENT
You may not delegate, transfer, or assign this Agreement or your rights or obligations under these Terms without our prior written consent, and any attempt to do so shall be null and void. We may transfer, assign, or delegate these Terms along with the rights and obligations that belong to us without your consent or notice to you.
SECTION 21: GOVERNING LAW
These Terms of Service and any separate agreements through which we provide Services shall be governed by and construed in accordance with the federal and state or territorial courts of the jurisdiction to which Alphanovafit belongs. You and Alphanovafit submit to the jurisdiction of these courts.
SECTION 22: HEADINGS
The headings used in this agreement are included for convenience only and shall not limit or otherwise affect these Terms.
SECTION 23: CHANGES TO THE TERMS OF SERVICE
You may 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, modify, or replace any part of these Terms of Service by posting updates and changes on our website. You are responsible for periodically visiting our website to review any changes. We will notify you of any material changes to these Terms in accordance with applicable law, and such changes will take effect from the date specified in the notice. Your continued use of or access to the Services after any modifications to these Terms constitutes your acceptance of those changes.
SECTION 24: CONTACT INFORMATION
You should direct any questions about the Terms of Service to fidel@alphanovafit.com.