Terms & Conditions
Terms and Conditions
About the Terms
Access to and use of any of the CLiPTRAC web site is provided by CLiPTRAC on the following terms:
By using this site you agree to be bound by these terms, which shall take effect immediately on your first use of the web site. If you do not agree to be bound by all of the following terms please do not access, use and/or contribute to the site.
Use of the Web Site
You agree to use the web site only for lawful purposes, and in a way that does not infringe the rights of, restrict or inhibit anyone else's use and enjoyment of the site. Prohibited behaviour includes harassing or causing distress or inconvenience to any person, transmitting obscene or offensive content or disrupting the normal flow of dialogue within the site. Do not post any content that violates any applicable local, state, national, or international law.
If you choose a subscription option with recurring payments (including any pre-paid subscription option which reverts to a monthly payment plan at the expiration of the pre-paid period), you agree that CLiPTRAC may automatically charge the subscription fee to your credit or charge card at the beginning of each period. Your service access will not be established until CLiPTRAC has verified that the credit card information you provide us for payment is accurate and that your credit card account is in good standing. If payment cannot be charged to your credit card or if a charge is refunded for any reason, including chargeback, we reserve the right to either suspend or terminate your subscription, access, and/or account. You agree that in the event we are unable to collect the fees you owe us for the products or services specified in your order, we may take any other steps we deem necessary to collect such fees from you, and that you will be responsible for all costs and expenses incurred by us in connection with such collection activity, including collection fees, interest, court costs and attorneys' fees. CLiPTRAC may, at its discretion, change the CLiPTRAC subscription fees, restocking fees and any other applicable fees, from time to time, and charge fees (which CLiPTRAC may also change) for features and functionalities that are not a part of the CLiPTRAC service. CLiPTRAC will notify you with reasonable advance notice communicated to you through a posting on the applicable site or such other means as we may deem appropriate from time to time (including electronic mail or conventional mail); you may obtain a list of the applicable fees currently in effect at any time by contacting CLiPTRAC Customer Support. You are responsible for reviewing your credit card statement for billing accuracy. You have 90 days to dispute any billing that you feel is inaccurate. If you do not contact CLiPTRAC within 90 days of the disputed billing date, CLiPTRAC will not be responsible for any billing errors. Subscriptions can be cancelled through the My Account page, cancellation section of our website upon 30 days prior notice. You may therefore – depending on the timing of your cancellation – receive a final monthly charge.
All orders placed through the web site are subject to CLiPTRAC’s acceptance, which is in its sole discretion. Without limitation, this means that CLiPTRAC may refuse to accept or may cancel any order, whether or not the order has been confirmed, for any or no reason, in its sole discretion, and without liability to you or any third party. If your credit card has already been charged for an order that is subsequently cancelled, CLiPTRAC shall issue a credit to your credit card account.
We will not accept any returns on skins or fashion straps (accessories) - all sales on those items are final. If any other item is returned within 30 days of purchase in original condition, CLiPTRAC will issue you a full refund based on your method of payment. Products must be packed in their original packaging including all accessories, manuals, and documentation. Please contact Customer Support prior to returning any product to receive a Return Authorization form. You will be responsible for, and pre-pay, all return shipping charges and shall assume all risk of loss or damage to product while in transit to CLiPTRAC. We recommend that you use a traceable method of shipping for your protection.
All copyright, trademarks, design rights, patents and other intellectual property rights (registered and unregistered) in and on the web site and all content (including all applications) located on the site shall remain vested with CLiPTRAC or its licensors (which includes other users). You may not copy, reproduce, republish, disassemble, decompile, reverse engineer, download, post, broadcast, transmit, make available to the public, or otherwise use CLiPTRAC content in any way. You also agree not to adapt, alter or create a derivative work from any CLiPTRAC content. Any use of CLiPTRAC content requires the prior written permission of CLiPTRAC.
The names, images and logos identifying CLiPTRAC or third parties and their products and services are subject to copyright, design rights and trademarks of CLiPTRAC and/or third parties. Nothing contained in these terms shall be construed as conferring any license or right to use any trade mark, design right or copyright of CLiPTRAC or any other third party.
Third Party Content and Services
CLiPTRAC may make third-party content and services available through its web sites and services. CLiPTRAC is not responsible for such content or the privacy practices of such third Parties. In order to use a specific service, you may choose to allow the third-party service provider to retrieve, provide, and/or modify personal and other information in your account or otherwise share your information with the service provider. Once you enable a specific third-party service provider to access your account, the service provider may continue to access your account until you affirmatively disable access. Third-party service providers include fitness and health professionals and other entities such as food logging websites, and other websites with which you share information. It is your sole responsibility to review and approve each such third-party service before sharing your information through, to or from CLiPTRAC or otherwise accessing it.
CLiPTRAC is not responsible for third party services or the privacy practices of such service providers. Third party content and services contain information created, published, maintained, or otherwise posted by third parties independent of CLiPTRAC. CLiPTRAC does not endorse, approve, certify, or control these parties and does not guarantee the accuracy, completeness, efficacy, or timeliness of the information in such content. CLiPTRAC further does not endorse any third-party service providers, products, services, opinions, or web sites accessed through CLiPTRAC. Any opinions, advice, services, or other information made available by third parties either via third party links or contributed content are those of the respective authors or providers of such content and not of CLiPTRAC.
USE OF THIRD PARTY SERVICES OR CONTENT IS SOLELY AT YOUR OWN RISK. CLiPTRAC MAY NOT BE HELD LIABLE FOR ANY DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF ANY THIRD-PARTY SERVICE OR CONTENT.
Any use of any content on this web site, including, without limitation, User Generated Content will be at your own risk. Without limiting the generality of the foregoing, you acknowledge and agree that CLiPTRAC is not responsible for any user generated or 3rd party content that purports to give medical advice or advice regarding fitness training, exercise, or diet. Always seek the advice of a physician or other qualified health provider with any questions you may have regarding a medical condition and prior to starting a diet or physical fitness program.
Violation of These Terms
If you fail to abide by these terms when using the web site, action may be taken against your account or accounts.
This action may include any content posted by you being checked before allowed to go on the site or a temporary or permanent suspension of your ability to participate in any or all of CLiPTRAC website.
If you submit or share offensive or inappropriate content to or with CLiPTRAC web site or otherwise engage in any disruptive behaviour, and CLiPTRAC considers such behaviour to be serious and/or repeated, CLiPTRAC may use whatever information that is available to it about you to stop any further such infringements. This may include informing relevant third parties such as law enforcement, your employer, school, internet or email provider about the infringement(s).
CLiPTRAC retains the rights but not the responsibility to edit or remove any User Generated Content or terminate any account at any time for any reason at its sole discretion.
The failure or delay of CLiPTRAC to insist upon, exercise or enforce any right in these terms does not waive CLiPTRAC's right to enforce that right.
Disclaimers and Limitation of Liability
CLiPTRAC does not accept liability for any errors and omissions and reserves the right to change information, prices, specifications and descriptions of listed goods, products and services. If an error is discovered in the price of the goods that you have ordered, we will inform you as soon as possible. In the event that you order an item and the price published on the Site is incorrect for any reason, we will contact you to let you know the correct price and ask you whether you still wish us to fulfil your order at this price. We shall be under no obligation to fulfil an order for a product which was advertised at an incorrect price. We shall give you the option of confirming the order at the correct price or if you so choose, to cancel the order altogether. If you cancel and have already paid for the goods in the circumstances described in this clause, we shall refund the full amount in accordance with these terms.
CLiPTRAC content, including the information, names, images, pictures, logos and icons regarding or relating to CLiPTRAC, its products and services (or to third party products and services), is provided "AS IS" and on an "AS AVAILABLE" basis. To the extent permitted by law, CLiPTRAC excludes all representations and warranties (whether express or implied by law), including the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy. CLiPTRAC does not guarantee the timeliness, completeness or performance of the web site or any of the content. While we try to ensure that all content provided by CLiPTRAC is correct at the time of publication no responsibility is accepted by or on behalf of CLiPTRAC for any errors, omissions or inaccurate content on the web site.
CLiPTRAC shall not be liable for any of the following losses or damage (whether such damage or losses were foreseen, foreseeable, known or otherwise): (a) loss of data; (b) loss of revenue or anticipated profits; (c) loss of business; (d) loss of opportunity; (e) loss of goodwill or injury to reputation; (f) losses suffered by third parties; or (g) any indirect, consequential, special or exemplary damages arising from the use of CLiPTRAC sites and services regardless of the form of action.
CLiPTRAC does not warrant that functions available on CLiPTRAC sites will be uninterrupted or error free, that defects will be corrected, or that CLiPTRAC or the server that makes it available are free of viruses or bugs. You acknowledge that it is your responsibility to implement sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output.
You agree that any notice, agreement, disclosure or other communication that CLiPTRAC sends you electronically will satisfy any legal communication requirements, including that such communications be in writing.
If any of these terms are determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these terms are intended to be effective, then to the extent and within the jurisdiction in which that term is illegal, invalid or unenforceable, it shall be severed and deleted from these terms and the remaining terms shall survive and continue to be binding and enforceable.
Last updated: May 22, 2015