Terms of Service

THE FITNESS RESERVE TERMS, CONDITIONS AND GUARANTEE

INTRODUCTION

These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website. 

You must be at least 18 years of age to use this website. By using this website you warrant and represent that you are at least 18 years of age.

LICENSE TO USE WEBSITE

Unless otherwise stated, THE FITNESS RESERVE and/or its licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved. 

You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.

YOU MUST NOT:

  • Republish material from this website (including republication on another website);
    • Sell, rent or sub-license material from the website;
    • Show any material from the website in public;
    • Reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;
    • Edit or otherwise modify any material on the website; or
    • Redistribute material from this website except for content specifically and expressly made available for redistribution.
    Where content is specifically made available for redistribution, it may only be redistributed within your organization.

ACCEPTABLE USE

You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity. 

You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software. 

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without THE FITNESS RESERVE express written consent.

USER CONTENT

In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose. 

You grant to THE FITNESS RESERVE a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to THE FITNESS RESERVE the right to sub-license these rights, and the right to bring an action for infringement of these rights. 

Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or THE FITNESS RESERVE or a third party (in each case under any applicable law). You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint. 

THE FITNESS RESERVE reserves the right to edit or remove any material submitted to this website, or stored on THE FITNESS RESERVE servers, or hosted or published upon this website. 

Notwithstanding THE FITNESS RESERVE rights under these terms and conditions in relation to user content, THE FITNESS RESERVE does not undertake to monitor the submission of such content to, or the publication of such content on, this website.

DISCLAIMER AND LIMITATIONS OF LIABILITY

This website is provided “as is” without any representations or warranties, express or implied. THE FITNESS RESERVE makes no representations or warranties in relation to this website or the information and materials provided on this website. Without prejudice to the generality of the foregoing paragraph, THE FITNESS RESERVE does not warrant that:

• This website will be constantly available, or available at all; or
• The information on this website is complete, true, accurate or non-misleading.

Nothing on this website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any medical matter you should consult an appropriate professional. 

THE FITNESS RESERVE will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:

• To the extent that the website is provided free-of-charge, for any direct loss;
• For any indirect, special or consequential loss; or
• For any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
These limitations of liability apply even if THE FITNESS RESERVE has been expressly advised of the potential loss.

REASONABLENESS

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable. 
If you do not think they are reasonable, you must not use this website.

UNENFORCEABLE PROVISIONS

If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

INDEMNITY

You hereby indemnify THE FITNESS RESERVE and undertake to keep THE FITNESS RESERVE indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by THE FITNESS RESERVE to a third party in settlement of a claim or dispute on the advice of THE FITNESS RESERVE legal advisers) incurred or suffered by THE FITNESS RESERVE arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.

BREACHES OF THESE TERMS AND CONDITIONS

Without prejudice to THE FITNESS RESERVE other rights under these terms and conditions, if you breach these terms and conditions in any way, THE FITNESS RESERVE may take such action as THE FITNESS RESERVE deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

VARIATION

THE FITNESS RESERVE may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.

ASSIGNMENT

THE FITNESS RESERVE may transfer, sub-contract or otherwise deal with THE FITNESS RESERVE rights and/or obligations under these terms and conditions without notifying you or obtaining your consent. 

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.

SEVERABILITY

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

ENTIRE AGREEMENT

These terms and conditions constitute the entire agreement between you and THE FITNESS RESERVE in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.

LAW AND JURISDICTION

These terms and conditions will be governed by and construed in accordance with North Dakota Law, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of North Dakota.

DELIVERY TIMEFRAME

Orders are generally fulfilled the next business day, although there may be delays due to the pandemic. Shipping generally requires 5-7 business days for domestic orders. International shipping can require 10-14 business days.

THE FITNESS RESERVE RETURN POLICY

Supplements

All of our customers who order supplements are backed by our ironclad 90 Day No Questions Asked Guarantee. If you aren't satisfied with the product, you can keep it and reach out to support for a full refund. We just ask that you truly give our supplements a shot for a couple weeks to see how you feel.

***Our 90 Day No Questions Asked Refund Policy is applicable only to first-time  purchases of each supplement.

***All 2nd+ supplement purchases qualify for a 30 Day Money-Back Guarantee as long as it remains sealed and unopened.

Made-To-Order Products (Clothing, Accessories)

The Fitness Reserve offers two types of made-to-order products: the dye-sublimation print and the standard print. Each print requires a different treatment so the length of production time may range from 5 to 7 business days from the time the order was placed. Due to the nature of dye-sublimation printing, production may sometimes be delayed.

ALL of our T-shirts, Tank Tops, Racers and Hoodies are made-to-order. We do not hold inventory or stock. At this time, we do not accept returns for any reason because as mentioned earlier, we do not hold inventory or stock for all items made-to-order.

If you wish to make a correction on your order, please contact customer service within 24 hours from the time you submitted your order form. We normally send your order information immediately to production facility but if you contact us within the indicated timeframe, we will still be able to make your requested amendments.

On the other hand, if we sent you the wrong order, kindly let us know as soon as possible so that we can send you the correct item. In the instance of our error, you do not have to return the item. You can keep it!

If you are unhappy with the items that you have received, please contact customer service FIRST by sending an email to support@thefitnessreserve.com. Merchandise returned to the manufacturer without contacting customer service will not be processed correctly.

All Other Products (excluding supplements and made-to-order products)

30 Day Money-Back Guarantee as long as the product remains sealed, undamaged, and unopened. Customer is responsible for return postage fees.

Returns

It is very important that you read the description of each item before you place your order. There is a sizing chart available on site so you can choose your correct size for apparel. It is also of equal importance that you provide us with your correct information before you finalize your order.

Refunds (if applicable)

The Fitness Reserve gives refunds as store credits or through the customer's original payment method.

You can use your store credits to purchase any other item(s) from our store. You will be given store credits in exchange for any item that is damaged or has missing parts upon delivery.

***Gift cards are excluded from refunds as store credit.

Cancellations

Please place your order carefully. You must contact our support within 24 hours of placing your order should you wish to cancel it. Our Customer Service staff will try to intercept the order before it goes into production. However we do not guarantee we will be able to do so.

Shipping

We use the standard shipping method of 3-5 business days from the day the item was released from production. The shipping fee will be included in your final bill, unless it was waived due to some promotion. Shipping fee is non-refundable and it will be deducted from the cost of refunded store credits, if you are eligible to receive such credits.

Shipping and Delivery

At this time, The Fitness Reserve ships to locations within the United States and U.S. territories. We also ship to Australia, Canada, Germany, Japan and United Kingdom. The risk of loss and title for all merchandise ordered on this Web site pass to you when the merchandise is delivered to the shipping carrier and appropriate tracking number issued for the package.

***Customer is responsible for abiding by local laws and making sure that anything purchased from The Fitness Reserve is legal in their country.

The Fitness Reserve staff will do it's best to help resolve any issues, and achieve total customer satisfaction.

Frequently Asked Questions

I got the wrong shirt. How can I get my correct order?

In the event of a wrong order, please contact Customer Service at support@thefitnessreserve.com . We will ask you to take a picture of what you have received for verification purposes. We will then check our records to verify your claim. If we made the mistake, we will go ahead and send you your correct order. You do not have to send the wrong product back to us...

I received a defective or damaged product. What do I do?

Please contact Customer Service at support@thefitnessreserve.com. We will ask you to take a picture of what you have received for verification purposes. If we made the mistake, we will go ahead and send you your correct order. You do not have to send the wrong product back to us. You will be given store credits, equivalent to half the amount you paid, if we made a mistake and you declined our offer to send you the correct item.

I ordered the correct size but it's a bit small/large can I return it and exchange it to a different size?

Unfortunately, when it comes to made-to-order apparel and accessories, The Fitness Reserve is currently unable to process a return and exchange due to size because we do not hold inventory or stock.

I entered the wrong address information. Can I still correct it?

We can try to make corrections to your order within 24 hours from the time that you submitted your order form. If you request for the corrections after 24 hours, we will no longer be able to update it on our end. You will then have to wait for your order to be shipped to you.

I just made an order but i changed my mind and I'd like to cancel it.

Please order carefully. You should contact us in the first 24 hours since placing your order, we will do our best to help you out and cancel your order if possible. Please contact Customer Service at support@thefitnessreserve.com . 

I made an order 3 days ago and since it hasn’t been shipped yet. I'd like to cancel it.

Please know that all our shirts are made-to-order. Orders are sent to production within 24 hours from the time your they are placed. After 24 hours, we can no longer try to cancel your order. Please bear in mind that production time may take 5-7 business days but delays may occur during holidays.

What's the ETA of my order?

An ETA can only be provided when your order has been released from production and transferred to the courier. The current turnaround time for production is 5-7 business days plus 3-5 business days for shipping.

I received the shipping notification but I still haven't received my order.

Please contact the shipping company to check on your order. The tracking number is provided in the shipping notification that you have received. If your package was lost in the mail or missing, then contact customer service at support@thefitnessreserve.com, and we will try to help find the order for you.

ADDRESS THE RETURN PACKAGE TO OUR SHIPPING DEPT:

The Fitness Reserve
122 1/2 N Broadway
Fargo, ND 58102
United States