Terms of service

Welcome to Freedom Fitness Equipment. Freedom Fitness Equipment, LLC., and any other affiliate entity or products owned or controlled by Freedom Fitness Equipment, LLC. (“we,” “our,” “Freedom Fitness Equipment,” “Freedom Fitness,” or “us”) provide its services and online sales through its website located at https://freedomfitnessequipment.com/ (collectively the “Services”). 

Before using our Services, please read these Terms of Use (the “Terms” ) and any other policies or notices on the Freedom Fitness Equipment website and our Privacy Policy. Together, these materials contain terms, rules, and guidelines related to your use of Freedom Fitness, and by using our products or accessing our website, you agree to be bound by all the Terms of this Agreement.


Freedom Fitness Equipment's website provides information about Freedom Fitness Equipment, sells fitness equipment, and provides related services, including equipment service, repair, moving, delivery, and gym planning. By using this website or purchasing any product of service for Freedom Fitness Equipment, you agree to abide by the terms and conditions of the Terms of Service.

 

Acceptance of Terms of Service for Site and Online Store

Freedom Fitness Equipment provides the Site and the Service to you subject to these Terms and Conditions of Service (this “TOS”). By using the website or any portion of the Service, you agree to be bound by these terms and conditions. Also, in our sole discretion, we reserve the right to change our Terms and Services at any time, and those changes will be posted on the website with an effective date. You agree to be bound by the then-current terms by your continued use of the services. Should you not agree to be bound by the TOS, do not use the Freedom Fitness Equipment website or Services.


Freedom Fitness Equipment also has a Privacy Policy posted on its website, which explains how Freedom Fitness Equipment collects, uses, and protects data from visitors to the Site and users of the Service. If you do not agree with any part of this TOS or the Privacy Policy, you may not use the Site or the Service in any way. Your use of the Site indicates your acceptance of this TOS. 


If you are using the Services for a third-party organization that has a commercial agreement with Freedom Fitness Equipment, then you warrant that you are authorized to act on behalf of that organization and that the organization will abide by the terms and conditions of this TOS.


Site Access and Security

Freedom Fitness Equipment grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Site during the subscription term set forth in an applicable Order, in accordance with this TOS and any Customer Agreement between you and us.

Shopify Network Intelligence Data Collection (Required Notice)
 Our e-commerce store is hosted and powered by Shopify. As part of maintaining site performance, fraud prevention, and operational network security, Shopify automatically collects diagnostic and telemetry data when visitors access this website. This may include:

  • IP address and device identifiers
  • Browser type, version, and connection data
  • Page performance, load speeds, error events, and crash reporting
  • Security event logs for fraud prevention and abuse detection
  • General usage and behavioral navigation patterns

Shopify processes this information as a service provider and data processor under its platform policies. This data may be collected automatically without separate user action and is used only to protect, maintain, and optimize the secure functionality of the Shopify ecommerce network.

This processing is further described in our Privacy Policy, which you agree to as a condition of accessing our store.


If you are an organization, you warrant that  (a) you have taken all necessary corporate action to authorize your agreement to these TOS and have granted the person agreeing to these TOS on your behalf sufficient authority to bind you to these TOS; and (b) you are solely responsible for your authorized users’ access to and use of the Service or Site, and you will ensure that they comply with these TOS. to do so. You agree to use the Site and the Service solely as authorized by your organization.


To access certain areas of the Site and the Service, you may be asked or required to provide certain registration details or other information. It is a condition of your use of the Site and the Service that all the details and information you provide are accurate and current. You expressly agree that all information you provide to register with Freedom Fitness Equipment is subject to the terms of Freedom Fitness Equipment’s Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.


You understand, acknowledge, and agree that you are responsible for keeping private information confidential, including user names, passwords, or any other information, as part of the Site's security features or Service.  You agree to treat such information as confidential and not disclose it to any other person or entity. You agree to notify Freedom Fitness immediately if you become aware of any unauthorized access or use of your user name, password, or other security information.

Freedom Fitness reserves the right and at its sole discretion to prevent access to the Site and the Service by any unauthorized user or any user who Freedom Fitness has reason to believe is in breach of this TOS.


Intellectual Property Rights

Other than customer-supplied information, we have intellectual property rights for our content, proprietary software, trade secrets, and other features on the site. Except as otherwise expressly stated in this TOS, the Site and the Service, and their entire contents, features, and functionality (including all information, software, text, displays, images, media, and the design, selections), are owned by Freedom Fitness Equipment, its licensors or other providers of such materials and are protected by US and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. No right, title, or interest in or to the Site or any part of the Service is transferred to you, and all rights not expressly granted to you in this TOS are reserved by us.


Without limiting the foregoing paragraph, the name Freedom Fitness Equipment, the Freedom Fitness logo, and all other trademarks, logos, product and service names, designs, and slogans ("Marks") displayed on the Site or through the Service are trademarks of Freedom Fitness Equipment or its licensors. You acknowledge and agree not to use any Marks without prior permission from Freedom Fitness or its applicable licensor.


User Content

Portions of the Site and the Service may include interactive features, such as messaging functions, comment features, personalized areas, and profiles that allow registered users to post, display or transmit messages, content, and other materials (collectively, "User Content").

Freedom Fitness Equipment is under no obligation to review any User Content and assumes no responsibility or liability relating to any User Content. You understand and agree that Freedom Fitness may block, reject, or remove any User Content at any time at Freedom Fitness’s sole discretion.


You warrant that you own or control all rights in and to all User Content that you post, display, or transmit through the Site or the Service.  You warrant that you have the right to grant the license granted below to our licensees and us.  You also represent and warrant that all your User Content will comply with this TOS. You understand and acknowledge that you are responsible for any User Content you submit or contribute. You agree that you shall be solely liable for such User Content, including its legality, reliability, accuracy, and appropriateness.


You agree and understand that when you post User Content to the Site, it may be visible to other authorized users within your organization’s account (this does not include confidential user information collected by Abendantly for your account).  By providing any User Content, you grant to Freedom Fitness Equipment and its licensees, successors and assigns the right to use, reproduce, modify, perform, display, and distribute any such User Content, but only for (i) purposes of operating and providing the Site and the Service to you and to your organization and other authorized users in your organization, if applicable according to your account settings or the terms of your organization’s Customer Agreement, and (ii) Freedom Fitness's internal business purposes, including without limitation for analyzing usage of and improving its Site and the Service.


Freedom Fitness Equipment Site and Equipment Rights

You understand and acknowledge that Freedom Fitness Equipment has the right and sole discretion to:

  • Discontinue the product or service at any time.
  • Cancel any order at any time and shall refund the customer, subject to restocking fees.
  • Modify or change product or service prices at any time.
  • Refuse service to anyone, in our sole discretion, as long as it is not in conflict with applicable law.
  • Refuse to post or remove any User Content at its sole discretion.
  • Take any legal and applicable action with respect to any User Content that Freedom Fitness Equipment deems necessary or appropriate if we believe that such User Content violates this TOS, infringes any intellectual property right or other rights of any person or entity, threatens the personal safety of users of the Site or the Service or could create liability for Freedom Fitness Equipment or its customers or other users.
  • Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
  • Take appropriate legal action, including referral to law enforcement, for any illegal or unauthorized use of the Site or the Service.
  • Terminate or suspend your access to all or part of the Site or the Service, including for any violation of this TOS, subject to the termination provisions of any applicable Customer Agreement between your organization and Freedom Fitness.

You acknowledge and agree that we have the right to cooperate with any law enforcement authorities or court order requesting or directing Freedom Fitness to disclose the identity or other information of anyone posting any materials on or through the Site or the Service.


Online Store Product Purchase Policies

In addition to all other terms in this TOS, by using the website to purchase products, the client acknowledges, understands, and agrees to the following terms:

 

Shipping Policy 

We offer shipping nationwide! 

Please see our shipping rates for both freight and national carriers at checkout.

 

Sometimes carriers may experience delays of several weeks or more. If this happens, PLEASE BE PATIENT. You can check for tracking updates, but it is not uncommon for particularly large items to experience delays. 

 

Shipping rates are ESTIMATES. Actual lead times may vary depending on the time of year and volumes the carrier is managing.

 

Local Pickup

We offer local pickup (or nationwide shipping) on all items for your local store location. Please see our local pickup options at checkout.

 

Product Not Picked Up

For any items not picked up from Freedom Fitness Equipment within one week of the purchase date, the customer will be charged a 10% processing and service fee. If the item is not picked up by the tenth day after purchase, Freedom Fitness Equipment may issue a refund for the order, at their sole discretion, unless otherwise agreed to in writing by both parties.

 

Shipment Processing Time

All orders are processed within 2-3 business days. Orders are not shipped or delivered on weekends or holidays. When we experience a high volume of orders, shipments may be delayed by a few days. Please allow additional days in transit for delivery. If there is a significant delay in the shipment of your order, we may contact you via email or telephone.

 

Return Policy

Our Return and Refund Policy provides detailed information about options and procedures for returning your order.

 

Refund policy

Due to the nature of our business, we do not normally accept returns on used gym equipment as most inventory is sold as-is.


However, we do stand behind our products. If for some reason the equipment is found to be defective at first use, please contact us to bring the item back so that we can work out a refund, exchange, or store credit for the item. We work with customers to resolve these and other issues. However, should a customer threaten or actually initiate a chargeback, or infer or imply that they will submit a chargeback, we reserve the right to immediately cancel the order, charge a restocking fee, and issue a refund for the remaining balance at our sole discretion.

We do not accept returns on new equipment that is functional and not defective. New unboxed equipment that is functional and not defective is not returnable, as it is used when unboxed, and cannot be resold as new.


If you need to return new equipment that is non-functional or defective, please first contact us for resolution. 


Restock, return shipping, and processing fees will apply to all orders returned.

 

Damaged, Defective, or Incorrect Equipment

Please inspect your order upon receipt and contact us immediately if the item is defective, damaged, or if you received the wrong item. We will refund the paid amount or replace it with the correct item upon review. In the case of a damaged item, we will work with the customer towards an agreeable solution. All decisions will be at our sole discretion.

 

Non-Returnable Items

All other terms notwithstanding, certain types of items cannot be returned, like 

  • perishable goods (such as food, flowers, or plants), 
  • custom products (such as special orders or personalized items), and
  • personal care goods (such as beauty products). 

 

We also do not accept returns for hazardous materials, flammable liquids, or gases. Please contact us if you have questions or concerns about your specific item.

 

Unfortunately, we cannot accept returns on sale items or gift cards.

 

Exchanges

Under certain circumstances, an exchange may be possible. Please contact us about exchanges. Restock, return shipping, etc., fees may apply.

 

Refunds

Restock, return shipping, and processing fees will apply to all orders returned.

If a client places an order and subsequently requests a refund before pickup, a processing, service, and restock charge will apply to the order.


Any freight refused by the customer or any missed appointments where the courier bills Freedom Fitness Equipment will be the customer's responsibility. 

 

Any undeliverable items will be returned to Freedom Fitness Equipment's location, and we will issue a refund, minus shipping costs and fees, storage costs, and an assessed restocking fee.


Prohibited Uses

By accessing this Site or using Freedom Fitness products or services,  you agree not to reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any portion of the Site or any material on the Site, except that (i) your computer or device may temporarily store copies of such materials in memory incidental to your accessing, viewing or posting such materials, (ii) you may store files that are automatically cached by your browser for display purposes, (iii) if Freedom Fitness Equipment provides you with a mobile or other application for download, you may download a single copy to your computer or device solely for your own personal use, subject to this TOS, and (iv) if we provide you with access to interactive features of the Site and the Service, you may take such actions as are enabled by such features.


In addition, in connection with your use of the Site and the Service, you agree not to:

  • Download or copy the Site, any content, or account information for the benefit of another vendor or third party.
  • Create, post, or transmit any unauthorized hypertext links to the Site.
  • Post, transmit, or link to any User Content that you do not have a right to make available.
  • Post, transmit, or link to any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment.
  • Use any data mining, screen-scraping, robots, algorithms, spiders, or other automatic devices or processes or means to access, monitor, or copy any part of the Site or any materials made available on the Site or through the Service.
  • Bypass any measures used by Freedom Fitness to prevent or restrict access to the Site or the Service.
  • Post, transmit, or link to any deceptive, defamatory, obscene, indecent, abusive, offensive, harassing, sexually explicit, discriminatory, or otherwise objectionable material.
  • Violate any applicable federal, state, local, or international law or regulation (including any laws regarding data privacy or the export of data or software to and from the U.S. or other countries).
  • Post, transmit, or link to any confidential, personal data not otherwise specifically required to use any feature of the Site or the Service,
  • Exploit, harm, or attempt to exploit or harm minors in any way.
  • Post, transmit, or link to any advertising or promotional material, except solely in connection with the peer-recognition functionality of the Site and the Service to other users in your organization, to the extent intended by Freedom Fitness and your organization.
  • Post, transmit, or link to chain letters or other repetitive communications, comments, or materials, including, without limitation, communications to distribution lists, newsgroup aliases, or group aliases.
  • Engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Site or the Service or may harm Freedom Fitness or other users of the Site or the Service.
  • Use the Site or the Service in any manner that, in our sole determination, could disable, overburden, damage, or impair the Site or the Service or interfere with any other party's use of the Site or the Service.
  • Purposely interfere with the proper working of the Freedom Fitness Site or Service.


Disclaimer of Warranties

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations or that any errors in the Service will be corrected. All refunds or other monetary adjustments for products will be done at our sole discretion and in accordance with Section 6 above. All Products are sold “as-is” with no warranty. Additionally, the Website and products are disclaimed as follows:


FREEDOM FITNESS EQUIPMENT WILL USE COMMERCIALLY REASONABLE EFFORTS CONSISTENT WITH PREVAILING INDUSTRY STANDARDS TO MAINTAIN THE SITE AND THE SERVICES IN A MANNER THAT SEEKS TO MINIMIZE ERRORS AND INTERRUPTIONS TO THE SITE AND SERVICES. IF ANY, YOUR USE OF THE SITE, ITS CONTENT, AND THE SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR THE SERVICES ARE AT YOUR OWN RISK, AND THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY OTHER WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

NEITHER FREEDOM FITNESS EQUIPMENT NOR ANY PERSON ASSOCIATED WITH FREEDOM FITNESS EUQIPMENT MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE OR THE SERVICE. WITHOUT LIMITING THE FOREGOING, NEITHER FREEDOM FITNESS EQUIPMENT NOR ANYONE ASSOCIATED WITH FREEDOM FITNESS EQUIPMENT REPRESENTS OR WARRANTS THAT THE SITE, ITS CONTENT, THE SERVICE, OR ANY ITEMS OBTAINED THROUGH THE SITE OR THE SERVICE WILL BE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVICE WILL OTHERWISE MEET YOUR NEEDS YOUR PARTICULAR EXPECTATIONS.


FREEDOM FITNESS EQUIPMENTS DISCLAIMS ALL OTHER WARRANTIES OF ANY KIND FOR BOTH SERVICES AND PRODUCTS, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CAN NOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.


TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL FREEDOM FITNESS EQUIPMENT, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, THE SERVICE, THE PORDUCTS, OR ANY CONTENT MADE AVAILABLE ON THE SITE OR THROUGH THE SERVICE, INCLUDING ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, REGARDLESS OF THE CAUSE OF ACTION (INCLUDING TORT AND BREACH OF CONTRACT OR OTHERWISE), EVEN IF FORESEEABLE, AND WHETHER OR NOT FREEDOM FITNESS EQUIPMENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. .


Indemnity

You agree to defend, indemnify and hold harmless Freedom Fitness Equipment (and its officers, directors, employees, agents, affiliates, and licensors) from and against any claims, demands, liabilities, damages, judgments, awards, losses, costs (including reasonable attorneys’ fees), arising out of or relating to your breach of this TOS, including, your User Content, your violation of any applicable law or the rights of a third party, or your use of the Site or the Service other than as expressly authorized by Freedom Fitness Equipment.


Electronic Communications, Emails, and Texts

You consent to receive communications electronically from Freedom Fitness Equipment and its affiliates and partners. We will communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures, and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing.


By voluntarily enrolling or otherwise agreeing to receive text messages from or on behalf of Freedom Fitness Equipment, you expressly consent to receive text messages at the phone number provided. You acknowledge and agree that we may not be able to deliver messages to all mobile carriers. Consent to receive texts is not a condition of procuring any goods or services. You understand and agree that all text messages may be sent using automated telephone dialing systems or similar automated technology.

 

To start receiving texts, you must Opt-in. To stop receiving messages from Freedom Fitness, you agree to reply STOP to the number sending the message. After replying STOP, you may receive additional communications confirming that your request has been received and processed. You may continue to receive text messages for a short period while we process your request(s).

 

 Message and data rates may apply for any messages sent to you from or on behalf of Freedom Fitness and messages you send to us. Please contact your wireless provider if you have any questions about your text plan or data plan.

 

By opting into Freedom Fitness Equipment’s text messaging program, you warrant that you meet the eligibility requirements set forth in this Agreement and you are the current subscriber or authorized user of the phone number you have provided. You agree that you will not initiate messages to the mobile phone of any other person or entity without authorization. If you change, forfeit or deactivate the phone number you have provided to Freedom Fitness, you agree to notify Freedom Fitness immediately. Failure to do so constitutes a material breach of this Agreement. Mobile carriers are not liable for delayed or undelivered messages.


Links

The Site or third parties may provide links to other Websites or resources. Because Freedom Fitness has no control over such sites and resources, you acknowledge and agree that Freedom Fitness is not responsible for the availability of such external sites or resources and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Freedom Fitness shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such site or resource.


Changes to this TOS.

Freedom Fitness Equipment reserves the right to revise this TOS at any time and at our sole discretion. At the top of this TOS, we will indicate the date it was last revised. Any changes will be effective immediately upon posting the revised version (or such later effective date as may be indicated at the top of the revised TOS). Your continued use of the Site and/or the Service following the posting of any changes to this TOS will constitute your acceptance of any such changes. If you do not agree to the changes, you must stop using the Site and the Service.


Procedure for Claims of Copyright Infringement

We respect the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact Freedom Fitness’s Copyright Agent at afi@freedomfitnessequiimpment.com and provide the following information:

  1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
  2. a description of the copyrighted work or other intellectual property that you claim has been infringed;
  3. a description of where the material that you claim is infringing is located on the Site;
  4. your address, telephone number, and email address;
  5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  6. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
  7. Freedom Fitness’s agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:
    By email: afi@freedomfitnessequipment.com

 

Miscellaneous

This TOS and the relationship between you and Freedom Fitness will be governed by the laws of the state of North Carolina without regard to its conflict of law provisions. You and Freedom Fitness agree to submit to the personal jurisdiction of the federal and state courts in the state of North Carolina concerning any legal proceedings that may arise in connection with this TOS or Services provided by us. Notwithstanding any other provisions of this TOS or any general legal principles to the contrary, any provision of this TOS that imposes or contemplates continuing obligations on a party will survive the expiration or termination of this TOS. Any failure of Freedom Fitness Equipment to act with respect to a breach by you or others shall not serve as a waiver of its right to act with respect to subsequent or similar breaches. Except as otherwise expressly provided in this TOS, there shall be no third-party beneficiaries to this TOS. This TOS, along with any duly executed sales order or invoices, constitutes the entire agreement between you and Freedom Fitness Equipment with respect to the Site and the Service, superseding any prior understandings, representations, and agreements between you and Freedom Fitness with respect to the Site and the Service.