Terms and Conditions

Welcome to TracyVN LLC – Please Read These Terms Carefully

These Terms and Conditions (“Terms”, “Agreement”) govern your use of the website tracyvn.store (the “Site”) and your purchase of any products from TracyVN LLC (“Company”, “we”, “us”, “our”). Our headquarters are located at 5441 S Macadam Ave Ste R, Portland, OR 97239. You may contact us via +84987755357 or email tracydao@outlook.com.vn.

By accessing our Site, browsing our catalog, or making a purchase – whether you are buying Resistance Training Devices, Balance Training Equipment, Cardiorespiratory Exercise Equipment, or any other Exercise Equipment – you agree to be bound by these Terms. If you do not agree with any part of these Terms, you must not use our Site or purchase our products.

These Terms constitute a legally binding agreement between you and TracyVN LLC. They apply to all users, including visitors, customers, merchants, and contributors of content.

I. Acceptance of Terms

1.1 Electronic Agreement

By using the Site, you acknowledge that you have read, understood, and agree to be bound by these Terms, our Privacy Policy, Refund and Return Policy, Shipping Policy, and any other policies referenced herein. These Terms may be updated from time to time without prior notice. The most current version will always be posted on tracyvn.store. Your continued use of the Site after any changes constitutes your acceptance of the new Terms.

1.2 Age Requirement

You must be at least 18 years old to make a purchase on our Site. If you are under 18, you may only use the Site under the supervision of a parent or legal guardian who agrees to be bound by these Terms. We do not knowingly collect personal information from children under 13. If we discover such data, we will delete it immediately.

1.3 Business Customers

If you are purchasing on behalf of a business, organization, or legal entity, you represent and warrant that you have the authority to bind that entity to these Terms. The terms “you” and “your” refer to both the individual user and any such entity.

II. Our Products – Description and Use

2.1 Product Categories

TracyVN LLC specializes in four main categories of fitness equipment:

  • Resistance Training Devices: Including but not limited to resistance bands (loop bands, tube bands with handles), resistance ropes, door anchors, ankle straps, and pull-up assist bands.

  • Balance Training Equipment: Including but not limited to balance pads (foam, inflatable), balance boards (wobble boards, rocker boards), stability discs, and BOSU-style trainers.

  • Cardiorespiratory Exercise Equipment: Including but not limited to folding exercise bikes, magnetic resistance stationary bikes, elliptical trainers, stepper machines, and rowing machines.

  • Exercise Equipment (General): Including but not limited to yoga mats, exercise mats, foam rollers, massage balls, grip strengtheners, and other fitness accessories.

All products are described as accurately as possible on the Site. However, we do not warrant that product descriptions, images, colors, specifications, or other content are completely error-free. Slight variations in color due to monitor settings or minor differences in dimensions (within industry standards) do not constitute a defect.

2.2 Intended Use – Safety Disclaimer

IMPORTANT: Our products are designed for home fitness use only, unless explicitly stated otherwise. You assume all risks associated with physical exercise, including but not limited to strains, sprains, fractures, cardiovascular events, or other injuries.

  • Resistance Training Devices must be used according to the provided tension ratings. Do not exceed the recommended maximum stretch (typically 2.5x to 3x the resting length). Inspect bands before each use for micro-tears.

  • Balance Training Equipment should be used on a flat, stable, non-slip surface. Never use balance boards or pads near stairs, sharp furniture, or uneven floors.

  • Cardiorespiratory Exercise Equipment requires proper assembly. Ensure all bolts are tightened before first use. Do not exceed the maximum user weight listed on the product page (typically 220 lbs to 330 lbs depending on model).

If you have any pre-existing medical condition (heart disease, joint problems, back issues, pregnancy, recent surgery, or any condition that limits physical activity), consult a licensed physician before using any TracyVN product. We are not medical professionals. We do not provide medical advice.

2.3 Modifications to Products

We reserve the right to modify, discontinue, or update any product at any time without prior notice. If we discontinue a product you purchased, we will either (a) fulfill your order with the same product if in stock, or (b) offer you a comparable replacement or a full refund before shipping.

III. Orders, Pricing, and Payment

3.1 Order Acceptance

When you place an order on tracyvn.store, you are making an offer to purchase the products in your cart. We reserve the right to accept or reject your order for any reason, including but not limited to:

  • Product unavailability

  • Pricing errors (see Section 3.3 below)

  • Suspected fraud or unauthorized transaction

  • Shipping restrictions to your location

  • Violation of these Terms

If we reject your order after payment has been processed, we will issue a full refund via Stripe within 5 business days. You will receive an email notification.

3.2 Order Confirmation

After you place an order, you will receive an automated email acknowledging your order. This email is not an acceptance of your offer; it is a confirmation that we have received it. A legally binding contract is formed only when we send a second email confirming that your order has been shipped (or when we otherwise expressly accept your order). Until shipment, we may cancel or modify your order.

3.3 Pricing and Typographical Errors

All prices on tracyvn.store are displayed in US Dollars (USD) and do not include applicable sales tax (which will be calculated at checkout based on your shipping address). We strive for accurate pricing, but errors may occur.

If a product is listed at an incorrect price due to a typographical, photographic, or technical error, we reserve the right to:

  • Cancel your order and refund the amount paid (even if you have received an order confirmation), OR

  • Contact you to ask whether you wish to proceed at the corrected price.

You will not be required to pay the difference if you decline. This protects us from “pricing glitch” abuses.

3.4 Payment Methods – Stripe

All payments are processed exclusively through Stripe, our PCI-DSS Level 1 certified payment processor. We accept:

  • Credit cards (Visa, Mastercard, American Express, Discover)

  • Debit cards (with Visa/Mastercard logo)

  • Apple Pay (on Safari browsers)

  • Google Pay (on Chrome and Android devices)

  • Stripe Link (one-click checkout for returning users)

By providing your payment information, you represent and warrant that you are authorized to use the chosen payment method. You authorize us to charge the full order amount (including taxes and shipping) to your selected method.

3.5 Billing Information

You agree to provide current, complete, and accurate billing and shipping information. You must promptly update your account or notify us (tracydao@outlook.com.vn) of any changes (e.g., new billing address, expired card). We are not responsible for delays or non-delivery caused by inaccurate information.

3.6 Sales Tax

TracyVN LLC is based in Oregon, which does not have a state sales tax. However, depending on your shipping destination, we may be required to collect sales tax for other states (e.g., if we have nexus there). The checkout page will display any applicable taxes before you confirm payment. International customers are responsible for any import duties, VAT, or customs fees – see our Shipping Policy.

IV. Shipping and Delivery

4.1 Shipping Policy

Shipping terms are detailed in our separate Shipping Policy (available on tracyvn.store). By placing an order, you agree to the Shipping Policy, which includes:

  • Estimated delivery times (not guaranteed, but we strive to meet them)

  • Risk of loss passes to you upon delivery to the carrier (we are not responsible for carrier delays or misdelivery after handoff, unless the package is lost entirely – see policy)

  • International customs fees are your responsibility

4.2 Title and Risk of Loss

Title to products passes from TracyVN LLC to you when we deliver the products to the shipping carrier (e.g., USPS, UPS, FedEx). Risk of loss and damage also passes to you at that time. However, for your protection, we offer tracking on all shipments. If a package is confirmed delivered by the carrier but you did not receive it (e.g., stolen from porch), we will work with you to file a claim, but we are not financially responsible for theft after delivery. We strongly recommend using a secure delivery location.

V. Returns, Refunds, and Warranty

5.1 Return Policy

All returns are governed by our Refund and Return Policy, which is incorporated into these Terms by reference. Key highlights:

  • 30-day money-back guarantee for most products (from delivery date).

  • Products must be returned in reasonably clean, usable condition.

  • Buyer pays return shipping for change-of-mind returns; we pay for defective/wrong items.

  • Refunds processed via Stripe to original payment method.

5.2 Warranty Disclaimer (Limited)

We provide a 1-Year Limited Warranty on Cardiorespiratory Exercise Equipment frames and electronics, and a 6-Month Limited Warranty on Resistance Training Devices and Balance Training Equipment against manufacturing defects. The warranty does not cover normal wear and tear, misuse, or improper assembly.

EXCEPT FOR THE EXPRESS LIMITED WARRANTIES STATED IN OUR RETURN POLICY, ALL PRODUCTS ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE FULLEST EXTENT PERMITTED BY LAW, TRACYVN LLC DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

Some states (e.g., California, New York) do not allow limitations on implied warranties, so this limitation may not apply to you. In such cases, implied warranties are limited to the duration of the express warranty (1 year or 6 months, as applicable).

5.3 No Medical or Fitness Results Guarantee

We do not guarantee that using our products will result in any specific fitness outcome (e.g., weight loss, muscle gain, improved balance). Results depend on many factors including diet, genetics, consistency, and overall health. Our product descriptions (e.g., “builds strength”) are based on typical use but are not promises of individual results.

VI. Intellectual Property Rights

6.1 Our Content

All content on tracyvn.store, including but not limited to text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of TracyVN LLC or its content suppliers and is protected by United States and international copyright laws. The compilation of all content on the Site is our exclusive property.

TracyVN™, the TracyVN logo, and all product names (e.g., “ProBalance Pad,” “CardioFold Bike,” “ResistMax Bands”) are trademarks or trade dress of TracyVN LLC. Our trademarks may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion, or in any way that disparages or discredits us.

6.2 Limited License

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Site for personal, non-commercial purposes, subject to these Terms. You may not:

  • Copy, reproduce, distribute, or publicly display any of our content without prior written consent.

  • Reverse engineer, decompile, or disassemble any software or product designs.

  • Use any data mining, robots, or similar data gathering methods on the Site.

6.3 User-Generated Content (Reviews, Photos)

If you submit a product review, testimonial, photo, video, or other content to our Site or social media (including via email to tracydao@outlook.com.vn), you grant TracyVN LLC a worldwide, royalty-free, perpetual, irrevocable, and sublicensable right to use, reproduce, modify, adapt, publish, translate, and distribute that content in any media. You represent that you own or have permission to share the content and that it does not violate any third-party rights.

We reserve the right to remove any user content that is offensive, defamatory, false, or violates these Terms.

VII. Prohibited Conduct

When using our Site or purchasing our products, you agree not to:

  • Use the Site for any illegal purpose or in violation of any local, state, national, or international law.

  • Harass, threaten, impersonate, or intimidate any TracyVN employee, customer, or third party.

  • Upload or transmit viruses, worms, Trojan horses, or any malicious code.

  • Attempt to gain unauthorized access to our servers, databases, or Stripe payment systems.

  • Resell, redistribute, or sublicense our products without our explicit written consent (bulk purchases for resale require a wholesale agreement – contact tracydao@outlook.com.vn).

  • Use our products in a manner inconsistent with their intended use (e.g., using a resistance band as a bungee cord for climbing – please don’t).

  • Post fake reviews or manipulate product ratings.

Violation of these prohibitions may result in immediate termination of your access to the Site, cancellation of orders, and legal action.

VIII. Disclaimer of Warranties – Site and Services

THE SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS, AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE ARE PROVIDED BY TRACYVN LLC ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING.

WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS, OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK.

WE DO NOT WARRANT THAT THE SITE, ITS SERVERS, OR EMAILS SENT FROM US ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE OR FROM ANY PRODUCTS, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.

Certain state laws do not allow limitations on implied warranties or the exclusion of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you.

IX. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TRACYVN LLC, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, THE SITE OR ANY PRODUCTS PURCHASED THROUGH THE SITE.

OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY CLAIMS ARISING FROM THESE TERMS OR YOUR PURCHASE, REGARDLESS OF THE FORM OF ACTION (WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE), SHALL NOT EXCEED THE TOTAL AMOUNT YOU PAID TO TRACYVN LLC FOR THE SPECIFIC PRODUCT GIVING RISE TO THE CLAIM IN THE TWELVE (12) MONTHS PRIOR TO THE CLAIM.

THIS LIMITATION OF LIABILITY APPLIES EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

Some jurisdictions (e.g., Oregon, where we are located, and other US states) do not allow the exclusion or limitation of liability for personal injury or death caused by gross negligence or willful misconduct. Nothing in these Terms seeks to exclude or limit such liability where prohibited by law.

X. Indemnification

You agree to indemnify, defend, and hold harmless TracyVN LLC, its affiliates, officers, directors, employees, agents, and suppliers from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising from:

  • Your violation of these Terms.

  • Your misuse of any product (including but not limited to injury caused by using a resistance band beyond its rated capacity or using balance equipment on an uneven surface).

  • Your violation of any third-party rights, including intellectual property rights.

  • Any content you submit to the Site.

We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which case you will cooperate with us in asserting any available defenses.

XI. Governing Law and Dispute Resolution

11.1 Governing Law

These Terms and your use of the Site and products shall be governed by and construed in accordance with the laws of the State of Oregon, without regard to its conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods (CISG) is expressly excluded.

11.2 Dispute Resolution – Mandatory Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND REQUires YOU TO ARBITRATE DISPUTES INSTEAD OF GOING TO COURT IN FRONT OF A JUDGE OR JURY.

Most customer concerns are resolved quickly by contacting our support team at tracydao@outlook.com.vn or calling +84987755357. If we cannot resolve a dispute informally, you and TracyVN LLC agree to resolve any dispute arising out of or relating to these Terms, your purchase, or the Site exclusively through binding individual arbitration, rather than in court. Arbitration is less formal than litigation, uses a neutral arbitrator instead of a judge or jury, allows for limited discovery, and is subject to limited judicial review.

Exceptions: Either party may bring a claim in small claims court (if the claim qualifies) or seek injunctive relief in a court of competent jurisdiction to protect its intellectual property rights.

11.3 Arbitration Procedures

The arbitration will be administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, in effect at the time the claim is filed. The arbitration will take place in Portland, Oregon, or by telephone/videoconference if the amount in dispute is less than $10,000. The arbitrator’s decision will be final and binding, and judgment on the award may be entered in any court having jurisdiction.

11.4 Class Action Waiver

YOU AND TRACYVN LLC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS OR PRESIDE OVER ANY REPRESENTATIVE OR CLASS PROCEEDING.

If this class action waiver is deemed unenforceable, then the entire arbitration clause (Section 11) shall be null and void, and any disputes shall be resolved in a court of competent jurisdiction in Multnomah County, Oregon.

11.5 Statute of Limitations

Any claim arising out of these Terms or your purchase must be filed within one (1) year after the cause of action accrues; otherwise, such claim is permanently barred. This does not affect any statutory rights that cannot be waived.

XII. Termination and Suspension

We may terminate or suspend your access to the Site immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms. Upon termination, your right to use the Site will cease immediately. If your account is terminated for cause (e.g., fraud, abusive behavior), any pending orders may be cancelled without refund.

You may terminate this Agreement by ceasing to use the Site and deleting any account you may have (though we do not require user accounts for checkout). Termination does not relieve you of any obligations to pay for products already ordered.

XIII. Third-Party Links and Services

Our Site may contain links to third-party websites or services (e.g., Stripe payment pages, social media platforms) that are not owned or controlled by TracyVN LLC. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party sites. You acknowledge and agree that we shall not be liable for any damage or loss caused by your use of such sites. We strongly advise you to read the terms and privacy policies of any third-party site you visit.

Stripe, Apple Pay, and Google Pay are independent services. Their terms apply separately to your payment transactions.

XIV. Force Majeure

Neither party shall be liable for any delay or failure in performance (other than payment obligations) resulting from causes beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, embargoes, pandemics (including COVID-19 and its variants), labor strikes, supply chain disruptions, postal strikes, or governmental actions. In the event of a force majeure, the affected party shall notify the other as soon as reasonably practicable, and the time for performance shall be extended for the duration of the force majeure. If the delay exceeds 60 days, either party may cancel the affected order and receive a refund for any unfulfilled portion.

XV. Entire Agreement and Severability

These Terms, together with our Privacy Policy, Refund and Return Policy, Shipping Policy, and any other policies expressly referenced herein, constitute the entire agreement between you and TracyVN LLC regarding your use of the Site and purchase of products. They supersede all prior agreements, understandings, or representations, whether written or oral.

If any provision of these Terms is found to be unenforceable or invalid by a court or arbitrator of competent jurisdiction, that provision shall be limited or eliminated to the minimum extent necessary so that the remaining provisions remain in full force and effect.

XVI. No Waiver

Our failure to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision. Any waiver must be in writing and signed by an authorized representative of TracyVN LLC. A waiver on one occasion shall not operate as a waiver on any subsequent occasion.

XVII. Assignment

You may not assign, transfer, or sublicense any of your rights or obligations under these Terms without our prior written consent. We may assign these Terms in whole or in part to any affiliate or successor in interest (e.g., merger, acquisition, or sale of assets) without notice to you.

XVIII. Electronic Communications

By using the Site or sending emails to us, you consent to receive electronic communications from us. We will communicate with you via email (to the address you provided) or by posting notices on the Site. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

To withdraw your consent for electronic communications (which would mean you can no longer use our Site), you must stop using the Site and contact us to close any account.

XIX. International Use

Our Site is operated from the United States. We make no representation that the Site or products are appropriate or available for use in locations outside the US. If you access the Site from other countries, you do so on your own initiative and are responsible for compliance with local laws, including but not limited to import/export regulations.

Export Controls: Our products may be subject to US export controls. You agree not to export, re-export, or transfer any product to any country or individual prohibited by US law (including sanctioned countries or denied parties lists).

XX. Comments, Feedback, and Suggestions

We welcome your comments, feedback, and suggestions about our products or Site. However, any unsolicited ideas, proposals, or materials you submit (other than product reviews as covered in Section 6.3) shall become the exclusive property of TracyVN LLC. We may use, modify, publish, and distribute such submissions without compensation to you. By sending us any idea, you waive any claim to ownership, confidentiality, or compensation.

XXI. Additional Terms for Specific Products

21.1 Resistance Training Devices – Safe Usage Warning

Resistance bands store significant energy. Improper use can cause the band to snap and strike the user, leading to bruising, eye injury, or other harm. Always:

  • Inspect bands for nicks or cracks before each use.

  • Do not stretch bands beyond 2.5x their resting length.

  • Wear protective eyewear if you are using high-tension bands (>50 lbs).

  • Keep bands away from children and pets.

By purchasing Resistance Training Devices from TracyVN LLC, you acknowledge these risks and agree that we are not liable for injuries resulting from misuse or failure to inspect.

21.2 Cardiorespiratory Equipment – Assembly Safety

Exercise bikes, ellipticals, and steppers require assembly. Use the provided tools and instructions. Do not attempt assembly alone if the machine is heavy (over 50 lbs). Ensure all bolts are tightened before first use. Loose assembly can cause the machine to tip over, resulting in injury. We provide online assembly videos upon request via tracydao@outlook.com.vn.

XXII. How to Contact Us About These Terms

If you have any questions about these Terms and Conditions, please contact us:

TracyVN LLC
5441 S Macadam Ave Ste R, Portland, OR 97239
Phone / SMS: +84987755357
Email: tracydao@outlook.com.vn
Website: tracyvn.store

We aim to respond to all legal inquiries within 3 business days. However, this address is not for service of legal process. For subpoenas or formal legal notices, please send by certified mail to our physical address (Attn: Legal Department).

XXIII. Acknowledgment

BY USING THE SITE OR PURCHASING ANY PRODUCT FROM TRACYVN LLC, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND CONDITIONS, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEM. YOU ALSO AGREE THAT THESE TERMS, TOGETHER WITH OUR OTHER POLICIES, REPRESENT THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND TRACYVN LLC.

Thank you for taking the time to understand our Terms. We believe that clear, fair rules create a better shopping experience for everyone. Now, go ahead and build your home gym with confidence – your Resistance Training Devices, Balance Training Equipment, Cardiorespiratory Exercise Equipment, and more await at tracyvn.store.