Terms of Service

Overview

Welcome to ElysiaFit! The terms "we," "us," and "our" refer to ElysiaFit. ElysiaFit operates this store and website, including all related information, content, features, tools, products, and services, to provide you, the customer, with a curated and enjoyable shopping experience (the "Services"). ElysiaFit is powered by Shopify, which enables us to bring these Services to you.

The terms and conditions below, together with any policies referenced herein (these "Terms of Service" or "Terms"), describe your rights and responsibilities when using our Services.

Please take a moment to read these Terms of Service carefully, as they include important information about your legal rights, along with details on warranty 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 [LINK]. If you do not agree with these Terms of Service or our Privacy Policy, please refrain from using or accessing our Services.

Section 1 – Access and Account

By agreeing to these Terms of Service, you confirm that you are at least the age of majority in your state or province of residence, and that you have given your consent to allow any of your minor dependents to use the Services on devices you own, purchase, or manage.

To use the Services — including browsing our online store or purchasing any products or services we offer — you may be asked to provide certain information, such as your email address, billing details, payment information, and shipping address. You represent and warrant that all information you provide is accurate, current, complete, and that you have full rights to provide it.

You are solely responsible for maintaining the security of your account credentials and for all activity under your account. You may not transfer, sell, assign, or license your account to any other person.

Section 2 – Our Products

We make every effort to present our products and services as accurately as possible. However, please note that colors and product appearance may vary depending on the device you use to access our store, along with your individual screen settings and configuration.

We do not warrant that the appearance or quality of any product or service you purchase will exactly match your expectations or how it is depicted or rendered in our online store.

All product descriptions are subject to change at any time, at our sole discretion. We reserve the right to discontinue any product at any time, and to limit the quantities of any product 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. ElysiaFit reserves the right to accept or decline your order for any reason, at our sole discretion. Your order is not considered accepted until ElysiaFit confirms it. We must receive and process your payment before your order is accepted.

Please review your order carefully before submitting it, as ElysiaFit may be unable to accommodate cancellation requests once an order has been accepted. If we are unable to accept, need to modify, or must cancel an order, we will attempt to notify you using the email address, billing address, and/or phone number provided at the time the order was placed.

Your purchases are subject to return or exchange solely in accordance with our Refund Policy [LINK].

You represent and warrant that your purchases are intended for your own personal or household use, and not for commercial resale or export.

Section 4 – Prices 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 your order is placed, and will be confirmed in your order confirmation email. Unless otherwise expressly stated, posted prices do not include taxes, shipping, handling, customs, or import charges.

Prices shown in our online store may differ from prices offered in physical stores or through other online channels operated by third parties. From time to time, we may offer promotions on our Services that are governed by separate terms and conditions. If there is a conflict between the terms of a promotion and these Terms, the promotion's terms will govern.

You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made through our store, and to promptly update your account details — including your email address, payment method, and expiration dates — so that we may complete your transactions and contact you as needed.

You represent and warrant that: (i) the payment information you provide is true, correct, and complete; (ii) you are duly authorized to use the payment method provided; (iii) charges incurred by you will be honored by your card issuer; and (iv) you will pay all charges incurred at the posted prices, including shipping, handling, and any applicable taxes.

Section 5 – Shipping and Delivery

We are not liable for shipping or delivery delays. All delivery times provided are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs processing, or events outside our control. Once we transfer products to the carrier, title and risk of loss pass to you.

Section 6 – Intellectual Property

Our Services — including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video, and audio, along with the design, selection, and arrangement thereof — are owned by ElysiaFit, its affiliates, or licensors, and are protected by U.S. and foreign patent, copyright, and other intellectual property laws.

These Terms permit you to use our Services for personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any material from our Services without our prior written consent. Except as expressly provided herein, nothing in these Terms grants or shall be construed as granting any license or rights to you under any patent, trademark, copyright, or other intellectual property of ElysiaFit, Shopify, or any third party. Unauthorized use of our Services may violate federal and state intellectual property laws, and all rights not expressly granted herein are reserved by ElysiaFit.

ElysiaFit's names, logos, product and service names, designs, and slogans are trademarks of ElysiaFit or its affiliates or licensors. You must not use these trademarks without our prior written permission. Shopify's name, logo, and product and service names, designs, and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans found on our Services are the property of their respective owners.

Section 7 – Optional Tools

You may be given access to tools offered by third parties as part of our Services, which we neither monitor nor have any control over. 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 related to your use of any optional third-party tools.

Any use of optional tools offered through our site is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms provided by the relevant third-party provider(s).

We may, from time to time, offer new features through our Services, including new tools and resources. Any such new features will also be deemed part of the Services and subject to these Terms of Service.

Section 8 – Third-Party Links

Our Services may contain materials and hyperlinks to websites provided or operated by third parties, including embedded third-party functionality. We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites you choose to access. If you decide to leave our Services to access such materials or third-party sites, you do so entirely at your own risk.

We are not liable for any harm or damages related to your access to any third-party websites, or your purchase or use of any products, services, resources, or content available through them. Please review the third party's policies and practices carefully and ensure you understand them before engaging in any transaction. Any complaints, claims, concerns, or questions regarding third-party products and services should be directed to the third party.

Section 9 – Relationship with Shopify

[Note to merchant: this section accurately characterizes Shopify's relationship with your store and should not be removed or modified.]

ElysiaFit is powered by Shopify, which enables us to provide our Services to you. However, any sales and purchases you make in our store are made directly with ElysiaFit. By using our Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and ElysiaFit, including any injury, damage, or loss resulting from purchased products or services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with ElysiaFit.

Section 10 – Privacy Policy

All personal information we collect through our Services is subject to our Privacy Policy, which can be viewed here [LINK], and certain personal information may also be subject to Shopify's Privacy Policy, which can be viewed here.

By using our Services, you acknowledge that you have read these privacy policies. Because our Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of our Services in order to provide and improve them. Information you submit to our Services may be transmitted to and shared with Shopify, as well as third parties that may be located in other countries, in order to provide services to you. Please review our privacy policy [LINK] for more details on how we, Shopify, and our partners use your personal information.

Section 11 – Feedback

If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, 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 medium, for any purpose, including commercial use. We may, for example, use our rights under this license to operate, provide, evaluate, enhance, improve, and promote our Services, and to perform our obligations and exercise our rights under these Terms.

You also represent and warrant that: (i) you own or have all necessary rights to all Feedback you submit; (ii) you have disclosed any compensation or incentives received in connection with your Feedback; and (iii) your Feedback complies with these Terms. We are under no obligation to keep your Feedback confidential, to compensate you for it, or to respond to it.

We may, but are not obligated to, monitor, edit, or remove any Feedback that we determine, in our sole discretion, to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable, or that violates any party's intellectual property rights or these Terms.

You agree that your Feedback will not violate any right of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary right, and will not contain libelous, unlawful, abusive, or obscene material, or any virus or malware that could affect the operation of our 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 Feedback. You are solely responsible for any Feedback you submit and its accuracy, and we assume no liability for any Feedback posted by you or any third party.

Section 12 – Errors, Inaccuracies, and Omissions

Occasionally, our Services may contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change, update, or cancel orders if any information is found to be inaccurate at any time without prior notice (including after you have submitted your order).

Section 13 – Prohibited Uses

You may access and use our Services for lawful purposes only. You may not access or use the Services, directly or indirectly, to: (a) engage in any unlawful or malicious purpose; (b) violate any international, federal, provincial, or state regulation, rule, law, or local ordinance; (c) infringe upon or violate our intellectual property rights or the intellectual property rights of others; (d) harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate against any employee or other person; (e) transmit false or misleading information; (f) send, receive, upload, download, use, or re-use any material that does not comply with these Terms; (g) transmit or procure the sending of any advertising or promotional material, including any "junk mail," "chain letter," "spam," or similar solicitation; (h) impersonate or attempt to impersonate any person or entity; or (i) engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Services, or that, as determined by us, may harm ElysiaFit, Shopify, or users of the Services, or expose them to liability.

You further agree not to: (a) upload or transmit viruses or any other type of malicious code that may affect the functionality or operation of our Services; (b) reproduce, duplicate, copy, sell, resell, or exploit any portion of our Services; (c) collect or track the personal information of others; (d) engage in spamming, phishing, pharming, pretexting, spidering, crawling, or scraping; or (e) interfere with or circumvent the security features of our Services or any related website. 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 your access to our Services (or any part thereof) at our sole discretion, at any time, without notice, and you will remain liable for all amounts due up to and including the date of termination.

The following sections will continue to apply following any 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 that by their nature should survive termination.

Section 15 – Disclaimer of Warranties

The information presented on or through our Services is made available solely for general informational purposes. We do not warrant the accuracy, completeness, or usefulness of this information, and any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to our Services, or by anyone who may be informed of any of its contents.

Except as expressly stated by ElysiaFit, our Services and all products offered through them are provided "as is" and "as available," without any representation, warranty, or condition of any kind, whether express or implied — including any implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. We do not guarantee, represent, or warrant that your use of our Services will be uninterrupted, timely, secure, or error-free. Some jurisdictions do not allow the disclaimer of implied warranties, so the above disclaimer may not apply to you.

Section 16 – Limitation of Liability

To the fullest extent permitted by law, in no case shall ElysiaFit, our partners, directors, officers, employees, affiliates, agents, contractors, service providers, or licensors, or those of Shopify and its affiliates, be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind — including, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages — whether based in contract, tort (including negligence), strict liability, or otherwise, arising from your use of any of our Services or products procured through them, or for any other claim related in any way to your use of the Services or any product, including but not limited to any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of our Services or any content or product posted, transmitted, or otherwise made available through them, even if we have been advised of the possibility of such damages.

Section 17 – Indemnification

You agree to indemnify, defend, and hold harmless ElysiaFit, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities, or claims — including reasonable attorneys' fees — arising out of or related to: (1) your breach of these Terms of Service or the documents they incorporate by reference; (2) your violation of any law or the rights of a third party; or (3) your access to and use of our Services.

We will notify you of any indemnifiable claim, provided that a failure to promptly notify you will not relieve you of your obligations unless you are materially prejudiced. We may control the defense and settlement of any such claim at your expense, including choice of counsel, but will not settle any claim requiring non-monetary obligations from you without your consent (which shall not be unreasonably withheld). You agree to cooperate in the defense of indemnified claims, including by providing relevant documents.

Section 18 – Severability

In the event that any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms. Such a determination shall not affect the validity and enforceability of any other remaining provisions.

Section 19 – Waiver; Entire Agreement

Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service, together with any policies or operating rules posted by us on this site, constitute the entire agreement and understanding between you and us, and govern your use of the Services, superseding any prior or contemporaneous agreements, communications, and proposals — whether oral or written — between you and us, including any prior versions of these Terms.

Any ambiguities 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 any of your rights or obligations under these Terms without our prior written consent, and any such attempt shall be null and void. We may transfer, assign, or delegate these Terms and our rights and obligations without your consent or notice.

Section 21 – Governing Law

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the federal and state or territorial courts in the jurisdiction where ElysiaFit is headquartered. You and ElysiaFit consent to venue and personal jurisdiction in such courts.

Section 22 – Headings

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

Section 23 – Changes to Terms of Service

You can review the most current version of these Terms of Service at any time on this page.

We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. We will notify you of any material changes to these Terms in accordance with applicable law, and such changes will be effective on the date specified in the notice. Your continued use of or access to our Services following the posting of any changes constitutes your acceptance of those changes.

Section 24 – Contact Information

Questions about these Terms of Service should be sent to us at:

Phone: +1 (209) 821-3629
Email: service@elysiafit.com
Address: 3415 Meadowlark Ave, Fort Collins, CO 80526, US

Support hours: Full time
Mon–Fri: 8AM – 9PM
Sat & Sun: 8AM – 12PM