These Terms of Service ("Terms") govern your access to and use of the websites, products and services provided by Elefans Fitness ("Elefans Fitness", "we", "us", or "our"). By accessing or using our website, creating an account, making a purchase, or otherwise interacting with Elefans Fitness, you agree to be bound by these Terms and our Privacy Policy and Return Policy. If you do not agree to these Terms, do not use our website or services.

2. Changes to These Terms

We may update these Terms from time to time. If we make material changes, we will post the updated Terms on this page and update the "Last updated" date. Your continued use of the site after the changes become effective constitutes acceptance of the revised Terms.

3. Eligibility

You must be at least 13 years old to use the site. If you are between 13 and 18 years old, you may only use the site with the consent and supervision of a parent or legal guardian who agrees to be bound by these Terms. You may not use the site if you are barred from doing so under applicable law.

4. Privacy

Our Privacy Policy explains how we collect, use and share information about you. By using the site, you consent to our collection and use of your information as described in the Privacy Policy.

5. Products, Content and Information

Product listings, descriptions, ingredient information, images, labels and other content on the site are provided for informational purposes only. While we strive for accuracy, product formulations, packaging and labeling may change without notice. Always read the product label, warnings and directions provided with the product before use and do not rely solely on information presented online. Links to third-party websites are provided for convenience and do not constitute an endorsement; we are not responsible for third-party content or practices.

6. No Medical or Healthcare Advice

Statements regarding dietary supplements have not been evaluated by the U.S. Food and Drug Administration. Our products are not intended to diagnose, treat, cure, or prevent any disease. The site and its content are for informational purposes only and are not a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition.

7. Accounts and Security

To access certain features, you may need to create an account and provide accurate, current and complete information. You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account. Notify us immediately of any unauthorized use at [email protected].

8. User Content

If you submit reviews, photos, comments, or other content ("User Content"), you grant Elefans Fitness a non-exclusive, worldwide, royalty-free, perpetual, irrevocable and fully sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such User Content in any media, subject to our Privacy Policy. You represent that your User Content complies with applicable laws, does not infringe third-party rights and is free of viruses, spam and unlawful or abusive material.

9. Intellectual Property

The site, including text, images, graphics, logos, page layouts, software and other materials (collectively, "Content"), is owned by or licensed to Elefans Fitness and is protected by intellectual property laws. Except as expressly permitted, you may not copy, modify, reproduce, distribute, display, perform, publish, create derivative works from, or exploit any Content without our prior written consent.

10. SMS/MMS Mobile Messaging Program

By opting in to our SMS/MMS program, you consent to receive recurring automated promotional and personalized marketing messages (e.g., cart reminders) to the mobile number used at opt-in. Consent is not a condition of purchase. Message and data rates may apply. Message frequency varies. To opt out, reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT. For help, reply HELP or email [email protected]. Delivery of messages is subject to your carrier and network performance. Carriers are not liable for delayed or undelivered messages. Do not transmit prohibited content, including unlawful, harassing, discriminatory, obscene, or harmful material.

11. Pricing, Orders and Payments

Prices, promotions and availability are subject to change without notice. We may limit quantities and refuse or cancel orders at our discretion, including after order confirmation, if an item is mispriced or unavailable. If your payment has already been processed for a canceled order, we will issue a refund for the amount charged. Title and risk of loss transfer upon our delivery of products to the carrier for shipment, unless otherwise stated.

12. Prohibited Conduct

You agree not to interfere with or disrupt the site, circumvent security features, engage in unlawful activity, or submit content that is illegal, abusive, defamatory, hateful, obscene, infringing, or otherwise objectionable.

13. Disclaimer of Warranties

THE SITE, CONTENT and SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. We do not guarantee that the site will be uninterrupted, secure, or error-free, or that information will be accurate or timely.

14. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ELEFANS FITNESS AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS and LICENSORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SITE OR PRODUCTS. IN NO EVENT SHALL OUR AGGREGATE LIABILITY EXCEED THE GREATER OF U.S. $100 OR THE AMOUNT YOU PAID TO ELEFANS FITNESS FOR THE PRODUCT OR SERVICE AT ISSUE.

15. Indemnification

You agree to defend, indemnify and hold harmless Elefans Fitness and its affiliates, officers, directors, employees and agents from and against any claims, liabilities, damages, losses and expenses (including reasonable attorneys’ fees) arising out of or related to your violation of these Terms, your User Content, or your misuse of the site or products.

16. Third-Party Links

The site may contain links to third-party websites or resources. We are not responsible for the availability, content, products, or services of third parties, and links do not imply endorsement.

17. Dispute Resolution; Arbitration; Class Action Waiver

To the fullest extent permitted by law, any dispute, claim, or controversy arising out of or relating to these Terms or your use of the site or products will be resolved by binding arbitration on an individual basis, rather than in court, except that you may assert claims in small claims court if your claims qualify. The arbitration will be conducted by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The seat and venue of arbitration will be the state and county where Elefans Fitness maintains its principal place of business, unless the parties agree otherwise. YOU AND ELEFANS FITNESS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY and NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

18. Governing Law and Venue

These Terms are governed by the laws of the State in which Elefans Fitness is headquartered, without regard to conflict of law principles. If a dispute proceeds in court (for example, if the arbitration agreement is deemed unenforceable), you agree to exclusive jurisdiction and venue in the state or federal courts located in that jurisdiction.

19. Assignment

You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations without restriction.

20. No Agency

No joint venture, partnership, employment, or agency relationship exists between you and Elefans Fitness as a result of these Terms or your use of the site.

21. Severability; Waiver

If any provision of these Terms is found to be invalid or unenforceable, that provision will be limited or eliminated to the minimum extent necessary and the remaining provisions will remain in full force and effect. Our failure to enforce any right or provision of these Terms will not be a waiver of such right or provision.

22. Time to Bring a Claim

Any claim arising out of or related to the site, products, or these Terms must be filed within one (1) year after the cause of action accrues, or be permanently barred, to the maximum extent permitted by law.

23. Entire Agreement

These Terms, together with any policies or guidelines posted on the site (including the Privacy Policy and Return Policy), constitute the entire agreement between you and Elefans Fitness regarding the site and supersede all prior or contemporaneous communications and proposals, whether oral or written.

24. Contact Us

Questions about these Terms can be sent to [email protected].

1. Overview and Acceptance