EFFECTIVE DATE: AUGUST 1ST OF 2007
The material on this site is furnished by fitnessgym.com, here after "Fitness Gym", as a service to provide general information about Fitness Gym, Our Services and products.
By accessing this site, you are stating your agreement with these policies. If you do not agree with them, do not use the site or download any material from it.
In addition, Fitness Gym does not warrant or guarantee the availability for use or the accuracy or completeness of the information, text, graphics, links, and other items contained on this Website, server or any other server. If you decide to access any of the third-party sites that are linked from this site, you do so at your own risk.
PURPOSE OF THE SITE
This site is operated and may be used for informational purposes only. The information on this site is general and should not be relied upon or used as the sole basis for making significant decisions. Fitness Gym works to ensure that this site is accurate. However, Fitness Gym cannot fully guarantee that the information on this site is accurate, complete or current.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
The information contained on this site is furnished as is without any expressed or implied warranty of any kind. In no event will Fitness Gym or any of its subsidiaries be liable for any damages whatsoever arising out of the use of, or inability to use, the information on this site.
PLEASE CHECK THIS PAGE FREQUENTLY FOR UPDATES. THE CURRENT VERSION OF THESE TERMS AND CONDITIONS APPLY EACH TIME YOU USE THE SITE.
PLEASE READ THIS DOCUMENT CAREFULLY. IT CONTAINS VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU. THIS DOCUMENT CONTAINS A DISPUTE RESOLUTION CLAUSE.
This Agreement ("Agreement"), is made by and between Fitness Gym (" "We," "Us," or "Our"), a Illinois corporation with offices at 1658 N Milwaukee Ave., Suite 372, Chicago, IL, 60647, and governs Our provision of the Website Fitness Gym.com and any services or products between Us and you ("You," "Your" or "Yourself"). This Website, all products or services offered on this site, all text, pictures, graphics, logos, button items, images, works of authorship and other information and all revisions, modifications, and enhancements thereto ("Content") are subject to the following terms and conditions, which may be updated from time to time. Please read these terms carefully, if you do not agree with any of these terms or conditions or if any of the provisions are prohibited by your jurisdiction, country or other applicable law DO NOT ACCESS or USE this website.
2. YOUR REQUIREMENTS:
Upon Your access or use of Our Website You will provide Us with true, accurate and current information about Yourself as requested by Us. You further agree to promptly update such information should it change or should additional information be required by Us or applicable law. We reserve the right to request verification of, and You agree to be subject to verification of any of the information provided by You.
You must meet the basic requirements listed below in order to access and use Our Website.
- Age. By registering on this Web Site, You certify that You are eighteen (18) years of age or older.
- Approved Locations. The Web Site is currently applicable only to those in the United States of America. You must be physically located within the United States of America while using the Web Site.
- Use Restrictions. You may not transfer, rent, lease, redistribute or re-license the Products or Services or use the Products or Service Deliverables purchased from the Website to provide data processing, outsourcing, service bureau, hosting services or training to third parties. You will not disassemble, decompile, decode or reverse engineer the Services, Products or Software except as expressly permitted by Fitness Gym.
3. OUR SERVICES:
All Services will be performed on a time and materials basis or as otherwise agreed for each Service Ordered at Our then current rates (the "Services Fees") plus applicable Taxes, payable upon order or for any time and materials services within ten (10) days after invoice date.
Fitness Gym will select the personnel and provide the Services directly or through a subcontractor, and may reassign personnel if reassignment does not materially impede the performance or schedule of Services.
4. DOCUMENTATION AND COPIES:
You may not copy the Documentation provided by Us or Our third parties unless permitted in writing by Us or Our third parties explicitly in writing.
5. CONFIDENTIAL INFORMATION:
"Confidential Information" means any Documentation, code whether source or object, Products, Services and Service Deliverables and all other information reasonably believed to be confidential, but excludes: i) information made available to the general public without restriction by the disclosing Party or by an authorized third party; ii) information known to the receiving Party independent of disclosures by the disclosing Party; iii) information independently developed by the receiving Party without access to or use of the disclosing Party's Confidential Information; or iv) information that the receiving Party may be required to disclose pursuant to a valid and enforceable subpoena or other lawful process. The receiving Party will immediately notify the disclosing Party of any obligations to disclose under this Section so that the disclosing Party can appear and protect its interests.
We will have the right of injunctive relief to maintain compliance with this Section and prevent unauthorized disclosure, use or export of the Products, Services or other Confidential Information.
You acknowledge and agree that (a) all text, pictures, graphics, logos, button items, images, works of authorship and other information and all revisions, modifications, and enhancements thereto ("Content") is the copyrighted work of Fitness Gym or its third party content suppliers and is protected by copyright laws, (b) the domain (Fitness Gym-Inc.com), Our logo, all page headers, custom graphics and button icons are service marks, trademarks and/or trade dress of Fitness Gym (collectively, "Marks"), and (c) all other trademarks, product names, company names or logos on the Web Site are the property of their respective owners. In addition to agreeing to comply with all applicable laws, You agree You will not use any such Content or Marks from this Website for any purpose without the appropriate prior written authorization.
7. TERM AND TERMINATION:
The Term of this Agreement shall begin upon Your access to Our website, products or services and terminate upon the completion of Your use of Our Services or Products or as sooner terminated set forth below.
At Our sole discretion, We may terminate your usage of the Website without prior notice for any reason or no reason at all, including without limitation, for (a) any violation of any provision of this Agreement; (b) aiding in or promoting circumvention of the Website; (c) acting against Our business interests or reputation; or (d) otherwise acting unlawfully in relationship to Fitness Gym or the Website.
7.3 Termination of Website or Services.
Fitness Gym may cease offerings any products, services or in total this or any other of Our Websites at any time and for any reason, in Our sole discretion.
8. LIMITED WARRANTY:
YOU AGREE YOU ARE NOT SUBJECT TO ANY RESTRICTIONS, LEGAL OR OTHERWISE THAT WOULD PREVENT YOU FROM ENTERING INTO OR CARRYING OUT THE PROVISION SO THIS AGREEMENT. YOU EXPRESSLY AGREE THAT USE OF THE WEB SITE IS AT YOUR SOLE RISK. THE WEB SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED BY LAW, CUSTOM OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WE MAKE NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE WEBSITE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE WEBSITE.
9. LIMITATION OF LIABILITY:
TO THE FULLEST EXTENT PERMITTED BY LAW, YOU UNDERSTAND AND AGREE THAT Fitness Gym, INCLUDING Fitness Gym'S PARTNERS, OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, PARENTS, SUCCESSORS AND THEIR SUPPLIERS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEYS FEES, EXPENSES AND COURT COSTS) OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR USE INCURRED BY YOU, WHETHER IN CONTRACT OR TORT, EVEN IF THE OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU WILL NOT SEEK OR APPLY FOR SUCH DAMAGES. FURTHER, WE SHALL NOT BE SUBJECT TO ANY CLAIMS OR AWARD OF DAMAGES RESULTING FROM YOUR BREACH OF THIS AGREEMENT, YOUR OMISSIONS, YOUR FAILURE TO ABIDE BY ALL APPLICABLE LAWS, RULES OR REGULATIONS, OR IN ANY WAY CONNECTED TO YOUR ACCESS TO, USE OF, OR INABILITY TO USE THE WEBSITE, PRODUCTS, ACCOUNT, MEMBERSHIP BENEFITS, CONTENT OR SOFTWARE, OR FROM YOUR ACCESS TO, USE OF, INABILITY TO USE, OR RELIANCE UPON ANY LINKED WEBSITE, SOME JURISDICTIONS EITHER DO NOT ALLOW OR PLACE RESTRICTIONS UPON THE EXCLUSION OR LIMITATION OF DAMAGES IN CERTAIN TYPES OF AGREEMENTS; FOR THESE JURISDICTIONS, THE AFOREMENTIONED LIMITATION ON LIABILITY SHALL BE TO THE MAXIMUM DEGREE PERMITTED BY APPLICABLE LAW. IF, NOTWITHSTANDING THE ABOVE, LIABILITY IS IMPOSED UPON Fitness Gym, THEN YOU AGREE THAT Fitness Gym'S TOTAL LIABILITY FOR ANY OR ALL YOUR LOSSES OR INJURIES UNDER THIS AGREEMENT, REGARDLESS OF THE NATURE OF THE LEGAL OR EQUITABLE CLAIMS ALLEGEDLY VIOLATED, SHALL NOT EXCEED $100.
You shall, at its expense, defend or settle any suit or claim brought against Us and shall indemnify Us from and against any and all damages, losses, liabilities, expenses (including reasonable attorneys' fees and costs, but only to the extent that those costs and fees were not for duplication of the efforts of competent counsel retained by You at Your expense) arising out of or relating to any claim that Fitness Gym's or Fitness Gym's Partners possession or use of any information, documentation, services or other deliverables provided by the You, infringes any copyrights, confidentiality rights, trade secret rights, trademark rights, patent rights and other intellectual property rights of a third party enforceable under United States federal or state law, UK law, Canadian Law, or International Treaty.
You shall, at its expense, defend or settle any suit or claim brought against Us and shall indemnify Us from and against any damages, liabilities, losses, penalties, costs and expenses (including reasonable costs and attorney's fees, but only to the extent that those costs and fees were not for duplication of the efforts of competent counsel retained by You at Your expense), based on third party claims for bodily injury, death or damage to real or tangible personal property to the extent proximately caused by the negligence or willful misconduct of Subcontractor while engaged in the performance of Services.
11. GOVERNING LAW AND MANDATORY ARBITRAION:
11.1 Governing Law:
The Agreement is governed by Illinois law (without regard to conflicts of laws principles). All of the terms of the Agreement shall be enforceable to the full extent allowed by Illinois law. If Illinois law changes in any manner contrary to the express terms of the Agreement, those changes will not govern the Agreement to the extent that those changes can be lawfully waived by contract.
No litigation, arbitration or other action relating to the Use of this Site, Products, Services, Limited Offering, or the Agreement may be brought if the cause of action has been known by the injured Party more than 2 years.
Each Party will pay (without reimbursement) its own legal fees and expenses incurred in any dispute.
11.2 MANDATORY ARBITRATION:
You understand and agree that all claims, disputes, or controversies between under this Agreement or as it regards to Your use of the Website or our Services, including but not limited to tort and contract claims, claims based upon any federal, state, or local statute, law, order, ordinance, or regulation, and the issue of arbitrability, shall be resolved by final and binding arbitration using the American Arbitration Association's (AAA) Commercial Arbitration Rules (AAA Rules) in effect on the date of initiation of the arbitration, except as to those AAA Rules that conflict with or differ from this Agreement, by one or more arbitrators appointed in accordance with the said rules at a location determined by the arbitrator(s). The arbitrator shall be a lawyer with more than ten years experience or a retired or former judge. The arbitrator shall be independent of and unrelated to You. NEITHER YOU NOR WE SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS IN ARBITRATION BY OR AGAINST OTHER CONSUMERS OR ARBITRATE ANY CLAIM AS A REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. Unless prohibited by applicable law, Fitness Gym and You each voluntarily and knowingly waive their right to a trial by jury for any disputes.
12.1 Standard Procedures.
To prevent unauthorized access, maintain data accuracy, and ensure the correct use of information, We have used appropriate industry standard procedures to protect the confidentiality of Your personal information, such as firewall, encryption, application proxies, and monitoring technology of Our network and its data. However, no data transmitted over the Internet can be completely secure. As a result, while We strive to protect Your personal information, We cannot guarantee the security of any information that You transmit to Us or from Our Partners and You do so at Your own risk.
12.2 No Tampering.
You agree not to tamper with the proper functioning and tracking of the Website. Emulating or "faking" search usage and Web Site visits will lead to termination of Your account and may lead to legal action.
12.3 Unauthorized Use.
ANY UNAUTHORIZED USE OR ENTRY INTO A Fitness Gym WEBSITE IS PUNISHABLE BY LAW, AND WILL BE PROSECUTED TO THE FULL EXTENT OF THAT LAW.
13. OTHER TERMS:
13.1 Fitness Gym's Third Party's:
Fitness Gym does not warrant, guarantee, or insure the quality of any product or service offered by any of the Fitness Gym Partners either directly offered through our website or indirectly through a solicitation you may receive. Your relationship with Our Partners is directly with that Partner whether We deliver goods or services on Our Web Site, including payment for and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such Partner. You agree not to hold Fitness Gym liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the content provided by such Partners through the Web Site.
You may not assign any license, right or right to receive services including this Agreement, or transfer any rights or obligations under the Agreement. Fitness Gym may transfer the Agreement in connection with a merger, reorganization, sale or transfer of all or substantially all of the assets of Fitness Gym or its applicable operating subsidiary or division.
Fitness Gym may (in any presentations, press release, advertising or publicly-disseminated materials) refer to You, including, for example: Your use of the products or services and or your business needs and reasons for selecting Fitness Gym.
All notices required under the Agreement must be in writing and delivered electronically or by other method providing for proof of delivery, to the attention of the Party's president or managing director (unless a different recipient or address has been designated by notice to the other Party).
Other communications may be delivered by fax, e-mail or other written means.
All services provided by Fitness Gym will be provided as an independent contractor, and neither Fitness Gym or You will be, or represent itself to be, the franchiser, franchisee, agent, legal representative or fiduciary of the other party.
The Agreement may be amended only in writing signed by the Parties, except that Fitness Gym may amend this Agreement or any other applicable order to correct errors without increasing fees or rates.le and the remainder will remain in full force and effect.
If any part of this Agreement is held to be unenforceable, the unenforceable part shall be given effect to the greatest extent possible and the remainder will remain in full force and effect.
13.7 Fitness Gym Contact or Other Fitness Gym-Provided Information:
13.8 Entire Agreement: