Terms of Service
Terms of Service
Last updated: October 6, 2025
1) Overview
Welcome to How To Be Fit Over 40 (“we,” “us,” “our”). These Terms of Service (“Terms”) govern your access to and use of howtobefitover40.com and any purchases you make. If you do not agree, do not use the site.
How these terms work with our other policies. These Terms of Service operate together with our Privacy Policy, Refund Policy, and any posted Giveaway Rules. If there is a conflict, the Privacy Policy governs how we collect and use personal data, the Refund Policy governs returns and exchanges, the Giveaway Rules govern promotions, and these Terms govern your use of the site and purchases.
Quick jump
2) Eligibility
You must be at least 18 years old and able to enter into a legally binding contract to use this site and purchase products. Use of the site is void where prohibited by law.
3) Accounts
You are responsible for maintaining the confidentiality of your account credentials and for all activities under your account. Notify us immediately of any unauthorized use.
4) Purchases & Payments
- Prices, promotions, and availability may change without notice.
- We may refuse or cancel orders (e.g., suspected fraud or abuse).
- Taxes, shipping, and relevant fees are shown at checkout.
- Discount codes are time-limited and may have usage limits at our discretion.
5) Shipping, Returns & Refunds
Shipping times and carriers vary by product. For returns and refunds, see our policies:
6) Health / Fitness Disclaimer (No Medical Advice)
7) Intellectual Property
All content on the site—including text, graphics, logos, images, videos, and software—is owned by us or our licensors and protected by intellectual-property laws. You may not copy, modify, distribute, or create derivative works without written permission.
8) User Content
If you submit reviews, comments, images, or other materials (“User Content”), you grant us a non-exclusive, worldwide, royalty-free license to use, reproduce, and display that content for marketing, store operations, and legal compliance. You are responsible for your content and you represent that you have the rights to share it.
9) Prohibited Uses
- Violating laws or the rights of others;
- Posting or transmitting harmful, misleading, or infringing content;
- Attempting to access systems without authorization, or interfering with site operations;
- Scraping, reverse engineering, or using the site for competitive intelligence in violation of these Terms.
10) Platform & Organization Disclaimers
We may reference or advertise on third-party platforms (e.g., Facebook, Instagram, YouTube, TikTok, Pinterest). This site and our promotions are not sponsored, endorsed, or administered by, or associated with those platforms.
Mentions of schools, municipalities, or organizations (e.g., University of South Carolina, Lancaster County/City, Rock Hill, Chester) are for identification only; we are not affiliated with or endorsed by them.
11) Disclaimers & Limits of Liability
AS IS / AS AVAILABLE. The site and products are provided “as is” without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, and non-infringement.
Limitation. To the maximum extent permitted by law, we are not liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or data. Our aggregate liability for claims relating to the site or products shall not exceed the amount you paid for the product(s) at issue.
Health & Fitness Disclaimer
The information on this site, in our emails, and in our products is for educational purposes only and is not medical advice. It is not a substitute for professional diagnosis or treatment. Always consult your physician or qualified health provider before starting any fitness, nutrition, or wellness program, especially if you are over 40 or have any medical condition. Stop any activity that causes pain or discomfort. Products are not intended to diagnose, treat, cure, or prevent any disease. Individual results will vary.
Advertising, Endorsements & No Affiliation
From time to time we may recommend products or include links to products. We may receive compensation (at no extra cost to you) if you purchase through those links. We only share items we believe are useful for our audience, but you should evaluate any product to decide if it is right for you.
No affiliation disclaimer: Our content, promotions, and giveaways are not sponsored, endorsed, or administered by, or associated with Meta (Facebook or Instagram), YouTube, TikTok, Pinterest, Substack, the University of South Carolina, Lancaster County or City, Rock Hill, or Chester. All trademarks belong to their respective owners.
12) Indemnification
You agree to indemnify and hold us harmless from claims arising out of your use of the site, your violation of these Terms, or your violation of any rights of another.
13) Governing Law & Dispute Resolution
These Terms are governed by the laws of the State of South Carolina, USA, without regard to its conflict-of-laws rules. You agree to the exclusive jurisdiction of state and federal courts located in South Carolina for disputes that are not subject to informal resolution.
14) Privacy
See our Privacy Policy to learn how we collect, use, and share information.
15) Changes to These Terms
We may update these Terms at any time by posting a new “Last updated” date. Your continued use of the site after changes become effective constitutes acceptance.
16) Entire Agreement & Severability
These Terms, together with our policies referenced here, constitute the entire agreement between you and us regarding the site and products. If any provision is found unenforceable, the remaining provisions remain in full force.
17) Contact
961 North Main Street #122, Lancaster, SC 29720, USA
support@howtobefitover40.com