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Terms of service
CHERRY-ACTIVE™
Operated by CHERRY’S FIT, LLC
Effective Date: January 2, 2026
Overview
This website is operated by CHERRY’S FIT LLC, doing business as CHERRY-ACTIVE™. Throughout the site, the terms “we,” “us,” and “our” refer to CHERRY-ACTIVE™.
CHERRY-ACTIVE™ offers this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of the terms, conditions, policies, and notices stated here.
By visiting our site or purchasing something from us, you engage in our “Service” and agree to be bound by these Terms of Service, including any additional terms and policies linked or referenced herein. These Terms apply to all users of the site—including browsers, customers, vendors, and content contributors.
Please read these Terms of Service carefully. If you do not agree to them, you may not access or use our site or services.
Our store is hosted on Shopify Inc., which provides the e-commerce platform that enables us to sell our products and services to you.
Section 1 – Online Store Terms
By using this site, you affirm that:
You are at least the age of majority in your jurisdiction, or
You have obtained consent from a parent or legal guardian to use this site if you are underage.
You may not use our products or services for any illegal or unauthorized purpose. You must not:
Violate any laws in your jurisdiction (including but not limited to copyright laws),
Transmit any worms, viruses, or malicious code.
Violation of these terms may result in the immediate termination of your services and legal action where applicable.
Section 2 – General Conditions
We reserve the right to refuse service to anyone for any reason at any time.
You understand and agree that:
Your content (excluding credit card data) may be transferred unencrypted over various networks,
Credit card data is always encrypted during transfer via secure SSL protocols.
You agree not to:
Reproduce, duplicate, copy, sell, resell or exploit any part of the service without written permission,
Misuse or manipulate any aspect of the service or platform.
Headings in this agreement are for convenience and will not limit or affect any term.
Section 3 – Products and Descriptions
Our products—primarily women's fitness apparel—are offered exclusively through this website.
We make every effort to display product colors and images accurately; however, we cannot guarantee that your screen’s display will match physical products perfectly.
All product descriptions, availability, and pricing are subject to change without notice. We reserve the right to:
Limit sales to certain regions or individuals,
Modify or discontinue products at any time.
Purchases are subject to our Return & Refund Policy.
Section 4 – Pricing and Modifications
Prices are subject to change at any time without notice.
We may:
Modify or discontinue the service (or any part of it),
Change product pricing, promotions, or availability,
Not be liable to you or any third party for changes, suspensions, or discontinuation.
Section 5 – Billing and Account Information
We reserve the right to refuse, cancel, or limit any order. This includes:
Orders placed under the same name, email, billing/shipping address, or IP,
Orders suspected of being placed by resellers or distributors.
You agree to:
Provide accurate and up-to-date billing, contact, and payment details,
Keep your account information current to avoid delays or order issues.
Section 6 – Optional Tools
We may provide access to third-party tools or apps (e.g., size recommendation tools, product reviews).
These tools are:
Provided “as is” without warranty or support,
Used at your own risk and subject to third-party terms.
We are not responsible for any issues arising from third-party tool use.
Section 7 – Third-Party Links
Some content or services may contain links to external third-party websites.
We are not responsible for:
Their content, availability, or accuracy,
Any damage or loss caused by the use of such websites.
Before engaging in transactions, always review their terms and policies.
Section 8 – User Content and Feedback
If you submit comments, reviews, or suggestions (whether solicited or unsolicited), you grant CHERRY-ACTIVE™ the right to:
Edit, publish, distribute, and reuse that content in any medium,
Do so without compensation or obligation to respond.
You may not post content that:
Is unlawful, defamatory, or offensive,
Violates intellectual property rights,
Contains malware or false information.
We may moderate or remove content at our discretion.
Section 9 – Personal Information
Your personal information is governed by our Privacy Policy which outlines how we collect, store, and use your data.
Section 10 – Errors, Omissions, and Accuracy
Occasionally, our website may contain:
Typographical errors,
Inaccuracies in pricing or descriptions,
Outdated product or shipping information.
We reserve the right to correct these at any time, including after an order is submitted.
We are not obligated to update or clarify information unless required by law.
Section 11 – Prohibited Uses
You may not use this site or its content for:
Any unlawful or fraudulent purpose,
Harassment or abuse of others,
Violating intellectual property rights,
Uploading malicious code or tracking technologies,
Interfering with site security or service integrity.
Violation may result in account termination and legal recourse.
Section 12 – Disclaimer of Warranties; Limitation of Liability
We do not guarantee:
That the service will be uninterrupted or error-free,
That the products will meet all expectations or fit every need.
All services and products are provided “as is” and “as available”, without any warranties—express or implied.
CHERRY-ACTIVE™ and CHERRY’S FIT, LLC are not liable for:
Losses of data, revenue, or profits,
Errors, omissions, or third-party website interactions.
Our liability is limited to the fullest extent permitted by law.
Section 13 – Indemnification
You agree to defend, indemnify, and hold harmless CHERRY-ACTIVE™, CHERRY’S FIT, LLC, and their affiliates from any third-party claim arising from your:
Use of the site,
Breach of these Terms,
Violation of laws or third-party rights.
Section 14 – Severability
If any provision of these Terms is found to be invalid or unenforceable, the remainder shall remain in full force and effect.
Section 15 – Termination
These Terms are effective until terminated by either party.
We may terminate or suspend access if we suspect any violation, and you will remain liable for all amounts due prior to termination.
Section 16 – Entire Agreement
These Terms, along with our policies (e.g., Privacy, Refund), constitute the entire agreement between you and CHERRY-ACTIVE™.
No waiver or failure to enforce any right shall be deemed a waiver of any future enforcement.
Section 17 – Governing Law
These Terms are governed by the laws of the United States and the State of Texas.
Section 18 – Changes to Terms
We reserve the right to revise these Terms at any time.
Updated versions will be posted on this page.
Your continued use of the site after any changes signifies acceptance of the new Terms.
Section 19 – Contact Information
*For general support:
Mailing address:
CHERRY-ACTIVE™
Department of Returns
P.O. Box 460076
Garland, Texas 75046-0076
United States
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