Terms of Service
RateFit Terms of Use
Effective: June 1, 2026
Welcome to the RateFit website. This site is provided as a service to our customers. You must be age 18 or older to use the Site. The following details provide information about your legal rights when using this Site.
PLEASE READ THE TERMS BELOW CAREFULLY AS THEY AFFECT YOUR LEGAL RIGHTS.
The following terms and conditions govern your use of the Sites (the “Agreement”).
Site Transactions
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event we make a change to or cancel an order, we will attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
Site Contents
Unless otherwise noted, the Sites, and all features and materials on the Sites, including text, images, illustrations, designs, icons, photographs, video clips and other content, and the copyrights, trademarks, trade dress, and/or other intellectual property in such materials (collectively, the “Contents”), are owned, controlled, or licensed by , and other trademarks appearing on the Sites are the trademarks of Rate Performance, DBA RateFit.
The Sites and the Contents are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Sites for your personal use only. No right, title, or interest in any downloaded Content is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell, or exploit in any way any of the Contents or the Sites.
Unless otherwise specified, the Sites and the Contents are intended to promote Rate Performance, DBA RateFit products and services available in the United States. The Sites are controlled and operated by Rate Performance, DBA RateFit from its headquarter office in Chicago, Illinois. One or more patents may apply to the Sites, for additional information please contact us at Info@RateFit.com.
Errors, Inaccuracies, and Omissions
Information on our Sites may contain typographical errors, inaccuracies, or omissions that relate to product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information or cancel orders if any information on the Sites is inaccurate at any time without prior notice (including after you have submitted your order).
User Comments, Feedback, and Other Submissions
RateFit is pleased to hear from you and welcomes your comments regarding our products and services. While we value your feedback, we are unable to accept or consider any creative ideas, suggestions, proposals, plans, or other materials submitted by you (collectively, “Proposals”) other than those we have specifically requested. The intent of this policy is to avoid the possibility of future misunderstandings when projects developed by RateFit employees and agents might seem to be similar to Proposals. Accordingly, we ask that you not send Proposals to anyone at RateFit through any communication channel.
If you send certain specific submissions at our request (for example, contest entries, customer reviews, or photographs), post comments, photos, reviews, or other content on the Sites, or without a request from us you send creative ideas, suggestions, customer reviews, photographs, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “Contents”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use your Comments in any medium. RateFit is and shall be under no obligation (1) to maintain Comments in confidence; (2) to pay compensation for Comments; or (3) to respond to Comments. We have the right but not the obligation to monitor and edit or remove any Comments. You may not repost, republish, or redistribute Comments outside of the Sites.
You agree that your Comments will not violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right. You further agree that your Comments will not contain libelous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Sites. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead RateFit or third parties as to the origin of any Comments. You are solely responsible for any Comments you make and their accuracy. RateFit takes no responsibility and assumes no liability for any Comments posted by you or any third party.
Your Personal Information
RateFit Privacy Policy explains how we collect, use, and share your personal information when you access or use our websites, mobile applications, and any other online services. Please read the Privacy Policy to learn more about how we process your personal information, including details on your privacy rights and choices. The Privacy Policy is also available through the link located at the bottom of the Sites.
Notice and Procedure for Making Claims of Copyright Infringement
RateFit respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide RateFit’s designated agent the written information specified below:
• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
• A description of the copyrighted work that you claim has been infringed upon;
• A description where the material that you claim is infringing is located on the site;
• Your address, telephone number, and email address;
• 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; and
• A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
RateFit Copyright Agent for notice of claims of copyright infringement on the Sites can be reached as follows:
RateFit
Legal Department
3940 North Ravenswood
Chicago, IL 60613
Please note that this procedure is exclusively for notifying RateFit that your copyrighted material has been infringed.
Product Information
The prices displayed on the Site are quoted in U.S. Dollars. Certain products are available exclusively online through the Site. These products may have limited quantities and are subject to return or exchange only through the Site according to the applicable return policy.
We have made every effort to display as accurately as possible the colors and styles of our products that appear at the Site. We cannot guarantee that the display of any color or style on your computer or mobile device will be accurate.
Pricing Policy
The strike through or listed price represents a price at which we previously offered the product, or a comparable product, in our stores or online, recently or in a past season or year, or the value of a similar item in the market. It may not represent the price in effect in our stores, online, or elsewhere in the market on any particular day or in every location.
SMS Text Messaging
If you enter your mobile phone number and check the box to receive status SMS text messages, you are consenting to receive text messages from us about the status of your inquiries or requests and your participation in the SMS text program (including stop request confirmations). Providing your mobile phone number is not a condition of purchase. You can stop receiving these texts by responding “STOP.” Standard message and data rates may apply.
Right to Change Site
We reserve the right, at any time in our sole discretion, to modify, suspend, or discontinue the Site or any service, content, feature, or product offered through the Site, with or without notice; charge fees in connection with the use of the Site; modify and/or waive any fees charged in connection with the Site; and/or offer opportunities to some or all users of the Site. You agree that we shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site, or any service, content, feature, or product offered through the Sites.
Indemnification
You agree to defend, indemnify and hold RateFit harmless from and against any and all claims, damages, costs, and expenses, including attorneys’ fees, due to your use of the Site and/or your breach of any representation, warranty, or other provision of the Agreement.
LIMITATION OF LIABILITY
SUBJECT TO APPLICABLE LAW, INCLUDING WITH RESPECT TO LIABILITY FOR PERSONAL INJURY OR NON-WAIVABLE STATUTORY RIGHTS UNDER NEW JERSEY LAW, IN NO EVENT SHALL RateFit (1) BE LIABLE TO YOU WITH RESPECT TO USE OF THE SITE, THE CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SITE (INCLUDING, WITHOUT LIMITATION, ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE ON ANY INFORMATION OBTAINED FROM US), OR ANY DAMAGES THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO OUR RECORDS, PROGRAMS OR SERVICES AND (2) BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, LOST PROFITS, LOSS, THEFT, OR CORRUPTION OF INFORMATION, OR THE INABILITY TO USE THE SITE OR ANY OF THEIR FEATURES. YOUR SOLE REMEDY IS TO STOP USE OF THE SITES.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NOTICE OF ANY CLAIM OR DISPUTE MUST BE PROVIDED TO RateFit WITHIN ONE YEAR OF ITS ACCRUAL OR IT IS FOREVER WAIVED AND TIME BARRED.
IF YOU RESIDE IN A JURISDICTION OTHER THAN NEW JERSEY, YOUR JURISDICTION MAY NOT ALLOW THE LIMITATION OF LIABILITY IN CONTRACTS WITH CONSUMERS, SO SOME OR ALL OF THESE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
Class Action Waiver and Jury Trial Waiver.
YOU AND WE EACH AGREE THAT ANY PROCEEDING, WHETHER IN ARBITRATION OR IN LITIGATION, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE ACTION. YOU AND WE AGREE TO WAIVE ANY RIGHT TO BRING OR TO PARTICIPATE IN SUCH AN ACTION IN ARBITRATION OR IN COURT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. NOTWITHSTANDING THE FOREGOING, THE PARTIES RETAIN THE RIGHT TO PARTICIPATE IN A CLASS-WIDE SETTLEMENT.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND WE WAIVE THE RIGHT TO A JURY TRIAL.
