Terms and Conditions

SCOPE: These terms and conditions of sale (“Terms and Conditions”) govern your purchase of products, including the Digifit Connect hardware device (“Hardware”) and accessories (“Accessories”) and/or services (collectively, “Products”) from iTMP Technology, Inc. (“iTMP”).

PRODUCT WARNINGS: Failure to avoid the following situations could result in the Products not working properly, damage to the Products or, in some cases, death or serious injury.; Although the Hardware is designed to be moisture-resistant, it is not moisture proof. You should take reasonable steps not to expose the Hardware to excessive moisture.; Always consult your physician or healthcare professional before beginning or modifying any exercise program. If you have a pacemaker or other implanted electronic device, consult your physician before using the Products.; The Products are consumer devices, not medical devices and could receive interference from external electrical sources. Heart rate and other readings are for reference only and no responsibility is accepted for the consequences of erroneous readings.; Users must only use products (e.g. sensors and transmitters) listed as being compatible with the Hardware. For a list of compatible products, please go to: http://www.digifit.me/faq.html; Do not leave the Hardware exposed to an excessive heat source, such as in the sun. Do not puncture or incinerate. When storing the Hardware for an extended period, store it within the following temperature range: 32 to 86 degrees Fahrenheit. Do not operate the unit outside of the following ranges 14 to 113 degrees Fahrenheit. When disposing of the Hardware, take it to a professional waste electronics disposal service.; The California Electronic Waste Recycling Act of 2003 requires the recycling of certain electronics. For more information on the applicability to the Products, see http://www.erecycle.org.

FCC COMPLIANCE: The Hardware complies with part 15 of the FCC Rules. Operation is subject to the following two conditions: (1) it may not cause harmful interference; and (2) it must accept any interference received, including interference that may cause undesired operation. The Hardware has been tested and found to comply with the limits for a Class B digital device, pursuant to part 15 of the FCC rules. These limits are designed to provide reasonable protection against harmful interference. The Hardware generates, uses and can radiate radio frequency energy and may cause harmful interference to radio communications if not installed and used in accordance with the instructions. Further, there is no guarantee that interference will not occur in a particular installation. If the Hardware does cause harmful interference to radio or television reception, the user is encouraged to try to correct the interference by one of the following measures: (1) reorient or relocate the receiving antenna; (2) increase the separation between the Hardware and the receiver; (3) connect the equipment into an outlet that is on a different circuit than the Hardware (if applicable); or (4) consult the dealer or an experienced radio/TV technician for help. The Hardware does not contain any user-serviceable parts. Repairs should only be made by iTMP or an iTMP authorized service center. Unauthorized repairs or modifications could result in permanent damage to the Hardware and void your warranty and your authority to operate the Hardware under part 15 regulations.

RETURN POLICY: For a period of thirty (30) days from the date of your purchase of a Product from iTMP, you may return the Product for a refund of the purchase price actually paid, but iTMP reserves the right to charge a twenty percent (20%) restocking fee. If you purchased the Product on Amazon.com, you must follow the return procedures outlined on http://www.amazon.com. If you purchased the Product directly from iTMP, you must follow the return procedures outlined on http://www.digifit.me/support.; Products must be returned in the original packaging in as-new condition along with all accessories, media and documentation that originally shipped with the Product. If requested, a RMA number must be noted on the outside of the packaging. Products that have been damaged through misuse or abuse are not eligible for a refund. Shipping and handling for your original order is not refundable. Unless otherwise noted, you are responsible for all shipping charges and you assume all risk of loss or damage to returned Products while in transit.; If you return a Product without following these guidelines, ITMP retains the sole right to refuse delivery of such return.

LIMITED WARRANTY: The limited warranties provided by iTMP apply only to new Products purchased from iTMP in the United States for your own use, and not for resale or export outside of the United States. iTMP warrants that the Hardware will be free from defects in workmanship and materials, under normal use, for one (1) year from the original purchase date. Unless otherwise noted by the manufacturer, iTMP warrants that any Accessories will be free from defects in workmanship and materials, under normal use, for sixty (60) days from the original purchase date.; The warranties set forth in this Limited Warranty do not apply to:
Any third party products (including software) or services included with or used with the Products.; Damage to the Product, including damage that results from accident, abuse, misuse, neglect or other improper use of the Products.; Damage that results from any unauthorized attempts to open, maintain, repair or modify the Products.; Products, if the serial numbers or other identification marks that appear on the Products as delivered are missing or altered.

Warranty Remedies and Procedures: As your sole and exclusive remedy and iTMP’s entire liability under this limited warranty, iTMP will, at its option, repair the Product or replace it with a comparable Product. Replacement Products and parts used to repair the iTMP Products may be new, refurbished or reconditioned. Repaired or replaced Products are warranted for the unexpired portion of the original warranty period or 90 days from the date of shipment whichever, is longer. All Products and parts that are replaced become the property of iTMP.; If you purchased the Product on Amazon.com, you must follow the return procedures outlined on http://www.amazon.com. If you purchased the Product directly from iTMP, you must follow the return procedures outlined on http://www.digifit.me/support. Customer must return the Product within the warranty period and furnish a dated proof of original purchase. Customer must ship the Product to the designated location, postage pre-paid, in original or equivalent packaging. iTMP will not be responsible for any Product damaged or lost in transit. iTMP will return the repaired or replacement Product to Customer, postage pre-paid, in the United States. iTMP will not be responsible for any software, data or information contained in or stored on any Product that is lost, corrupted or damaged in transit or as a result of iTMP’s repair of any Products. Data recovery is not included in the warranty service. If applicable, all confidential, proprietary or personal data or information should be removed from the Product prior to return.; iTMP’s Limited Warranty Statement for the Products may be found at: http://www.digifit.me/warranties or in the documentation accompanying the Products. iTMP makes no other warranties with respect the Products except as set forth in the Limited Warranty Statement.

LIMITATIONS OF LIABILITY: IN NO EVENT WILL iTMP’S LIABILITY TO YOU ARISING OUT OF, RELATING TO, OR IN CONNECTION WITH YOUR PURCHASE OR USE OF THE PRODUCTS OR THESE TERMS AND CONDITIONS, FROM ALL CAUSES OF ACTION AND UNDER ALL THEORIES OF LIABILITY, EXCEED THE ACTUAL AMOUNT PAID TO iTMP BY YOU FOR THE PRODUCT GIVING RISING TO THE LIABILITY. IN NO EVENT WILL iTMP BE LIABLE TO YOU FOR ANY SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF USE, DATA, BUSINESS OR PROFITS) OR FOR THE COST OF PROCURING SUBSTITUTE PRODUCTS OR SERVICES ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE PRODUCTS, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT iTMP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. YOU AGREE THAT THESE LIMITATIONS WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THESE TERMS AND CONDITIONS IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

GOVERNING LAW: These Terms and Conditions will be governed and construed in accordance with the laws of the State of California, excluding its conflicts of laws rules and principles.

ARBITRATION: All disputes, controversies or claims arising out of or relating to these Terms and Conditions will be resolved through binding arbitration conducted in Santa Barbara County, California, in accordance with the: (i) Federal Arbitration Act; (ii) then-current commercial arbitration rules of the American Arbitration Association (the “AAA”), and; (iii) terms of these Terms and Conditions. The terms set forth in these Terms and Conditions will control in the event of any inconsistency between such terms and the AAA rules.

GENERAL: These Terms and Conditions will apply whether or not they are enclosed with the Products. You agree that all purchases of Products are for your personal use in the United States only, and not for resale or for export outside of the United States. To the extent that the Products contain software in any form, such software is licensed to you by iTMP or its licensors, not sold, solely for use in conjunction with the Products with which such software is delivered. You acknowledge and agree that all such software is protected by U.S. copyright law and international treaties. You may not assign or transfer these Terms and Conditions without iTMP’s express prior written consent and any attempt to do so, without such consent, will be null and of no effect. The failure by iTMP to enforce any provision of these Terms and Conditions will not constitute a waiver of future enforcement of that or any other provision. If a court of competent jurisdiction finds any provision of these Terms and Conditions invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms and Conditions will remain in full force and effect. These Terms and Conditions constitute the complete and exclusive agreement between iTMP and you regarding its subject matter and supersedes all prior or contemporaneous agreements, communications or understandings, whether written or oral, relating to its subject matter. Any waiver, modification or amendment of any provision of these Terms and Conditions will be effective only if in writing and signed by duly authorized representatives of each party.

U.S. GOVERNMENT USER: To the extent that the Products are provided to the United States government, all software contained therein is “commercial software”. Any use, duplication, or disclosure of the software by the U.S. government is subject to the restrictions as set forth in these Terms and Conditions and as provided in DFARS 227.7202-1(a) and 227.7202-3(a) (1995), DFARS 252.227-7013(c)(1)(ii) (OCT 1988), FAR 12.212(a) (1995), FAR 52.227-19, or FAR 52.227-14 (ALT III), as applicable. Manufacturer is iTMP Technology, Inc.; Copyright© iTMP Technology, Inc. 2010. All rights reserved. These Terms and Conditions are subject to change without notice. iTMP reserves the right to change or improve its Products without obligation to notify any person or organization of such change. For more information, including updates and supplemental information concerning the use and operation of the Products, go to www.digifit.me.; Digifit is a trademark of iTMP Technology, Inc. All third party trademarks are the property of their respective owners.