FITNESS GALLERY WEB SITE
TERMS OF USE AND LEGAL NOTICES
ATTENTION: PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS WEB SITE. USING THIS WEB SITE INDICATES THAT YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS (“TERMS OF USE”), DO NOT USE THIS WEB SITE.
Use of Site. Primetime Fitness Equipment LLC (“Fitness Gallery”) authorizes you to view and download the materials at this Web site and other Fitness Gallery Web sites that are linked to this site or affiliated with this site (“Site”), under the condition that all the information, communications, software, scripting, photos, text, video, graphics, sounds, images and other materials and services found on the Site (collectively “Content”) may not be copied or distributed, or republished, uploaded, posted, publicly displayed, performed, distributed or transmitted in any way, without the prior written consent of Fitness Gallery EXCEPT: only for your personal, non-commercial use, and provided that you retain all copyright and other proprietary notices contained in the original materials on any copies of the materials. For purposes of these Terms, any use of this Content on any other Web site or networked computer environment for any purpose is prohibited.
Other Rules of Conduct. You agree to comply with all applicable laws, rules and regulations in accessing and/or using the Site and/or any Materials. In addition, your use of the Site is conditioned on your compliance with the following rules of conduct. You agree not to:
– Use the Site for any fraudulent or unlawful purpose.
– Impersonate any person or entity, including, but not limited to, any Site employee, agent, or representative; falsely state or otherwise misrepresent your identity or your affiliation with any person or entity; or express or imply that we endorse any statement you make.
– Interfere with or disrupt the operation of the Site.
– Transmit or otherwise make available in connection with the Site any virus, worm, Trojan Horse, or other harmful code.
– Engage in antisocial, disruptive, or destructive acts, including “flaming,” “spamming,” “flooding,” and “trolling” as those terms are commonly understood and used on the Internet
– Restrict or inhibit any other person from using the Site, including by means of hacking or defacing any portion of the Site.
– Interfere with or violate any other Site visitor’s or user’s right to privacy or other rights, or harvest or collect personally identifiable information about Site visitors or users, or about Fitness Gallery employees and representatives identified on the Site, without their express consent.
– Sell, resell, transfer, license, or exploit for any commercial purposes any use of or access to the Site or the Materials.
– Modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of the Site or Materials.
– Frame or mirror all or any part of the Site without our prior express written authorization.
Registration. As a visitor to our Site, we may ask you to provide information in electronic formats. You agree to provide accurate, complete, current and true information about yourself; your company and other pertinent related requested information. If the information is not accurate, complete, current or true, or Fitness Gallery has reason to believe that it is not accurate, complete, current or true, Fitness Gallery Products may, at its sole discretion, may discard the information. The information may be used to correspond with you. Fitness Gallery does not promise to keep or maintain this information for any specified period.
Privacy Policy. We collect and use your information to help understand our customer needs and provide a tailored experience for how you interact with our brand. The information is only distributed to the services we use to help us execute this unique content experience for you.
Use of Software. If you download any software from this Site (“Software”), the Software, including all code, files, images, contained in or generated by the Software, and accompanying data, are deemed to be licensed to you by Fitness Gallery. Neither title nor intellectual property rights are transferred to you, but remain with Fitness Gallery, who owns full and complete title. You may not resell, decompile, reverse engineer, disassemble, or otherwise convert the Software to a perceivable form. You may not download or install the Software until you have read and accepted these Terms.
Copyrights, Trademarks And Service Marks. Unless otherwise noted, all Content and other materials on this site are protected as the copyrights, trade dress, trademarks and/or other intellectual properties owned by Fitness Gallery and/or its subsidiaries and affiliates or by other parties that have licensed their material to Fitness Gallery. The Content of this Site is copyrighted and any unauthorized use of the Content of this Site may violate copyright, trademark, and other laws, in addition to being a material breach of the Terms of Use.
There are a number of proprietary logos, service marks, trademarks, slogans and product designations (“Marks”) found on this Site. By making them available on this Site, Fitness Gallery is not granting you a license to use them in any fashion. Access to this Site does not confer upon you any license under any of Fitness Gallery’s or any third party’s intellectual property rights. Use of Fitness Gallery’s proprietary logos, service marks, trademarks, slogans and product designations found on this Site by users is restricted as set forth in the Terms of Use.
Fitness Gallery’s trademarks may be used publicly with permission only from Fitness Gallery. Fair use of Fitness Gallery’s trademarks in advertising and promotion of Fitness Gallery products requires proper acknowledgment. No Fitness Gallery trademark or service mark may be used as a hyperlink without Fitness Gallery’s prior written permission.
The various marks on this site represent some of the marks currently owned or controlled in the United States and/or in one or more other countries by Fitness Gallery or under license to FITNESS GALLERY. The display of these marks and of notices associated with these marks is not intended to be a comprehensive compilation of all FITNESS GALLERY worldwide proprietary ownership rights, and FITNESS GALLERY may own or control other proprietary rights in one or more countries outside of the United States.
User Submissions. Fitness Gallery does not accept, nor does it solicit, any product or process ideas, innovations suggestions, improvements or other user submissions. All remarks, suggestions, ideas, innovations, graphics, materials, information, data, concepts, submissions or other communications you transmit or post to this Site (together, the “Communications”) are assigned to, and will forever be the property of, FITNESS GALLERY without any further compensation or other benefit to the user submitting such Communications. Other than personally identifiable information, which is covered under the FITNESS GALLERY Privacy Statement, any Communications will be considered non-confidential and non-proprietary. FITNESS GALLERY will not be liable for any ideas for its business (including without limitation, product, or advertising ideas) and will not incur any liability as a result of any similarities that may appear in future FITNESS GALLERY operations. FITNESS GALLERY will have exclusive ownership of all present and future existing rights to the Communications of every kind and nature everywhere.
For any Communications that cannot be legally assigned to FITNESS GALLERY, you hereby grant FITNESS GALLERY and its designees an unrestricted, perpetual, royalty-free, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute the Communications for any and all commercial or non-commercial purposes, and agree that FITNESS GALLERY is free to use any ideas, concepts, know-how or techniques that you send FITNESS GALLERY for any purpose whatsoever without compensation to you or any other person sending the Communication. In addition, you warrant that all so-called “moral rights” with respect to the Communication have been waived.
You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, libelous, defamatory, obscene, pornographic, or any other material that would violate any law, or that could give rise to any civil or criminal liability under the law.
User Communications. FITNESS GALLERY may, but is not obligated to, monitor or review any areas on the Site where users transmit or post Communications or communicate solely with each other, including but not limited to chat assistance, blogs or other user forums, and the content of any such Communications. FITNESS GALLERY, however, will have no liability related to the content of any such Communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise, and retains the right to remove messages that include any material deemed abusive, defamatory, obscene or otherwise unacceptable.
Links To Third Party Web Sites. This Site may provide links to other third party Web sites or resources. Such links to third party Web sites on this Site are provided solely as a convenience to you, and do not constitute or imply an endorsement, sponsorship or recommendation of, or affiliation with the third party or its products and services. FITNESS GALLERY has not reviewed all of these third party sites and does not control and is not responsible for any of these sites or their content. Thus, FITNESS GALLERY makes no representations whatsoever about any other web site, which you may access through this Site, or any information, software or other products or materials, found there, or any results that may be obtained from using them. If you decide to access any of the third party sites linked to this Site, you acknowledge and agree that FITNESS GALLERY is not responsible for the availability of such external sites or resources and is not responsible or liable for any content, advertising, products, services or other materials on or available from such sites or resources. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, Trojan horses and other items of a destructive nature, and you do so entirely at your own risk. Accordingly, you agree that FITNESS GALLERY 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 use of or reliance on any such third-party materials, content, products or services available on or through any such site or resource.
Disclaimer. THE MATERIALS AND SERVICES PROVIDED AT THIS SITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY.
FITNESS GALLERY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE AVAILABILITY, USE, TIMELINESS, SECURITY, VALIDITY, ACCURACY, OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING, THE CONTENT OF THE SITE OR ANY OTHER WEB SITES LINKED TO OR FROM THE SITE.
FITNESS GALLERY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. WHILE FITNESS GALLERY MAY MAKE REASONABLE EFFORTS TO PROVIDE ACCURATE AND TIMELY INFORMATION ABOUT FITNESS GALLERY ON THIS SITE, YOU SHOULD NOT ASSUME THAT THE INFORMATION PROVIDED IS ALWAYS UP TO DATE OR THAT THIS SITE CONTAINS ALL THE RELEVANT INFORMATION AVAILABLE ABOUT FITNESS GALLERY. FITNESS GALLERY UNDERTAKES NO OBLIGATION TO VERIFY OR MAINTAIN THE CURRENCY OF SUCH INFORMATION.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL, OR USE OF THIS SITE. INFORMATION PUBLISHED AT THIS SITE MAY REFER TO PRODUCTS, PROGRAMS OR SERVICES THAT ARE NOT AVAILABLE IN YOUR COUNTRY.
BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Limitation of Liability. IN NO EVENT WILL FITNESS GALLERY, ITS SUPPLIERS, OR OTHER THIRD PARTIES MENTIONED AT THIS SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION, OR CAUSED BY OR RELATED TO ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE FAILURE, AND ALL OTHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS SITE, ANY WEB SITES LINKED TO THIS SITE, OR THE MATERIALS OR INFORMATION OR SERVICES CONTAINED AT ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE MATERIALS, INFORMATION OR SERVICES FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. NOTWITHSTANDING THE FOREGOING, FITNESS GALLERY’S TOTAL LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, AND CAUSES OF ACTION, INCLUDING BUT NOT LIMITED TO THOSE BASED ON CONTRACT, TORT OR OTHERWISE, ARISING OUT OF YOUR USE OF THIS SITE, ITS CONTENT OR LINKS, SHALL NOT EXCEED THE AMOUNT YOU PAID TO ACCESS THIS SITE.
Indemnification. You agree to indemnify, defend, and hold us and our affiliates and our officers, directors, owners, agents, information providers, licensors, and licensees (collectively, the “Indemnified Parties”) harmless from and against all claims, losses, costs, damages, liabilities, and expenses (including but not limited to attorney’s fees), incurred by the Indemnified Parties, arising out of or related to: (a) your activities in connection with the Site; (b) any violation of this Agreement by you; (c) any improper or unauthorized use of the Materials by you; or (d) any allegation that anything you transmit through or in connection with the Site infringes or otherwise violates the copyright, trademark, trade secret, privacy, or other rights of any third party. You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
Procedure for Making Claims of Copyright Infringement. FITNESS GALLERY respects the intellectual property rights of others, and expects its users to do the same. FITNESS GALLERY will, upon receiving proper notice, act to remove or disable access to any such material as set forth in the Digital Millennium Copyright Act (17 USC § 512) (DMCA). Any notifications of claimed copyright infringement must be sent to FITNESS GALLERY at the following address: Info@FitnessGallery.com. When notifying FITNESS GALLERY of the alleged copyright infringement, please provide complete and sufficient information, including identification of the copyrighted work alleged to have been infringed, the alleged infringing material, the address and contact information for the owner of the alleged copyright material, and a statement that the information in the notification is accurate, and, under the penalty of perjury, that the complaining party is authorized to act on behalf of the owner of the alleged copyright.
GENERAL TERMS
Applicable Laws. The Site is controlled and operated by FITNESS GALLERY from its principal office in Denver, Colorado, U.S.A., and is not intended to subject FITNESS GALLERY to the laws or jurisdiction of any state, country, or territory other than that of Colorado and of the United States of America. FITNESS GALLERY does not represent or warrant that the Site or its Content, or any aspect thereof, are appropriate or available for use in any particular jurisdiction. Those who choose to access the Site or Content do so on their own initiative and at their own risk, and are responsible for complying with local laws. We may limit the availability of the Site to any person, geographic area, or jurisdiction we choose, at any time in our sole discretion. You may not use or export the Content in violation of U.S. export laws and regulations.
These Terms of Use and any disputes arising under or related to these Terms of Use (whether for breach of contract, tortuous conduct or otherwise) and any claim relating to the Content shall be governed by and shall be construed in accordance with the laws of the State of Colorado, United States of America, without regards to its principles of conflicts of law. By using this Site, and agreeing to the Terms, you agree to be subject to personal jurisdiction in the Federal and State courts of the State of Colorado, and the City and County of Denver.
In addition, you hereby accept and submit to the exclusive jurisdiction of the federal and state courts located in the State of Colorado, and waive any jurisdictional, venue, or inconvenient forum objections to such courts, with respect to any legal actions, suits or proceedings arising out of or related to these Terms of Use. You also waive to the fullest extent permitted by law any right to a trial by jury in any action, suit or proceeding brought to enforce, defend or interpret any right or remedies under, or arising out of or related to, these Terms of Use.
Equal Opportunity. FITNESS GALLERY is an equal opportunity employer committed to a diverse workforce. To be considered for a posted job opportunity, you must submit an application.
Termination. FITNESS GALLERY, in its sole discretion, may terminate or restrict your use or access to this Site (or any part thereof) for any reason, including, without limitation, if FITNESS GALLERY believes you have violated or acted inconsistently with the letter or spirit of these Terms, or if you are in breach of the terms of this Agreement. Upon termination, you will immediately destroy any copies of Content of this Site, whether in printed or software format.
Notices. Notices to you may be made via either email or regular mail. FITNESS GALLERY may also provide notices of changes to the Terms of Use or other matters by displaying notices or links to notices to you generally on the Site.
Revisions. FITNESS GALLERY may make changes to the materials and services at this Site, or to the products and prices described in them, at any time without notice. You should visit this page from time to time to review the then-current Terms of Use because they are binding on you. Certain provisions of these Terms of Use may be superseded by expressly designated legal notices or terms located on particular pages at this Site. The materials and services at this Site may be out of date, and FITNESS GALLERY makes no commitment to update the materials and services at this Site.
Waiver. FITNESS GALLERY failure to enforce any part of these Terms of Use shall not constitute a waiver of any of FITNESS GALLERY’S rights under these Terms of Use, whether for past or future actions on the part of any person. Neither the receipt of any funds by FITNESS GALLERY nor the reliance of any person on FITNESS GALLERY’S actions shall be deemed to constitute a waiver of any part of these Terms of Use. A specific, written waiver signed by an authorized representative of FITNESS GALLERY may only provide a legal waiver.
Severability. If any provision of these Terms of Use shall be found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.
Acceptance of Terms. You acknowledge you have read, and agree to be bound by these Terms and to comply with all applicable laws and regulations, including without limitation U.S. export and re-export control laws and regulations regarding the transmission of technical data exported from the United States or the country in which you reside. You further agree to comply with all local laws, regulations and rules regarding online conduct and acceptable Content. You represent you have the legal authority to accept these Terms on behalf of yourself or any party you represent. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE THE SITE.