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Terms of Use | Global Fitness, Terms

TERMS OF USE AGREEMENT

 

By using our website, you are agreeing to comply with and be bound by the following terms of use. Please review the following terms carefully. The term “you” refers to the user or viewer of this website. Global Fitness, Inc. (“Global” or “Global’s”) is the owner of the website and all related content.

  1. Acceptance of Terms.

 

You agree to the terms and conditions in this Terms of Use Agreement (“Agreement”) with respect to Global’s website (the “Website”). This Agreement constitutes the entire and only agreement between Global and you with regards to the Website, and supersedes all prior agreements, representation, warranties and understandings with respect to the Website, the content, products or services provided by or through the Website and the subject matter of this Agreement. This Agreement may be amended at any time by Global without specific notice to you. The latest Agreement will be posted on the Website, and you should review this Agreement prior to using the Website.

  1. Copyright.

 

The content (including but not limited to pictures, videos, slogans and commentary), organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to this Website are protected under applicable copyrights, trademarks, and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of the Website, except as allowed by Section 3 below, is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the Website. The posting of information or materials on the Website does not constitute a waiver of any right in such information and materials.

  1. Limited License and Permitted Uses.

 

You are granted a non-exclusive, non-transferable, revocable license (a) to access and use the Website strictly in accordance with this Agreement; (b) to use the Website solely for internal, personal, non-commercial purposes; and (c) to print out discrete information from the Website solely for internal, personal, non-commercial purposes and provided that you maintain all copyright and other policies contained therein. No print out or electronic version of any part of the Website or its contents may be used by you in any litigation or arbitration matter whatsoever under any circumstances.

  1. Prohibitions on Use.

 

You may not copy, print (except for the express limited purpose permitted by Section 3 above), republish, display, distribute, transmit, sell, rent, lease, loan, exploit for any commercial purposes or otherwise make available any form or by any means all or any portion of the Website and any information, materials or documents therein.

  1. Links.

 

Global may provide, or third parties may provide, links to other World Wide Websites or resources. You acknowledge and agree that Global is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Global 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 content, goods or services available on or through any such site or resource.

  1. Disclaimer of Warranties.

 

You expressly understand and agree that:

    1. Your use of the Website is at your sole risk. Global and its subsidiaries, affiliates, officers, employees, agents, partners and licensors expressly disclaim all warranties of any kind, whether express or implied.

 

    1. Any material downloaded or otherwise obtained through the use of the Website is accessed at your own discretion and risk, and you will be solely responsible for and hereby waive any and all claims and causes of action with respect to any damage to your computer system, internet access, download or display device, or loss of data that results from the download of any such material.
    1. No advice or information, whether oral or written, obtained by you from the Website shall create any warranty not expressly stated in this Agreement.

 

  1. Limitation of Liability.

You expressly understand and agree that Global and its subsidiaries, affiliates, officers, employees, agents, partners and licensors shall not be liable to you for any punitive, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damage for loss of profits, goodwill, use, data or other intangible losses, resulting from the use of the Website. Further, you understand that Global and its subsidiaries, affiliates, officers, employees, agents, partners and licensors shall not be liable for any damages whatsoever resulting from the use of the Website whether based on warranty, contract, tort or any other legal theory and whether or not Global has been advised of the possibility of such damages.

  1. General

 

No Third-Party Beneficiaries. You agree that, except as otherwise expressly provided in this Agreement, there shall be no third-party beneficiaries to this Agreement.

Entire Agreement. This Agreement constitutes the entire agreement between you and Global and governs your use of the Website.

Choice of Law and Forum. You and Global each agree that the Agreement and the relationship between the parties shall be governed by the laws of the State of California without regard to its conflict of law provisions and that any and all claims, causes of action or disputes (regardless of theory) arising out of or relating to the Agreement, or the relationship between you and Global, shall be brought exclusively in the courts located in the County of Los Angeles, California or the U.S. District Court for the Central District of California. You and Global agree to submit to the personal jurisdiction of the courts located within the County of Los Angeles, California or the Central District of California, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.

Waiver and Severability of Terms. The failure of Global to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. If any provision of the Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Agreement remain in full force and effect.

Headings. The section titles in the Agreement are for convenience only and have no legal or contractual effect.

Copyright Material
  1. Copyright.

The content (including but not limited to pictures, videos, slogans and commentary), organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to this Website are protected under applicable copyrights, trademarks, and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of the Website, except as allowed by Section 3 below, is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the Website. The posting of information or materials on the Website does not constitute a waiver of any right in such information and materials.

  1. Limited License and Permitted Uses.

 

You are granted a non-exclusive, non-transferable, revocable license (a) to access and use the Website strictly in accordance with this Agreement; (b) to use the Website solely for internal, personal, non-commercial purposes; and (c) to print out discrete information from the Website solely for internal, personal, non-commercial purposes and provided that you maintain all copyright and other policies contained therein. No print out or electronic version of any part of the Website or its contents may be used by you in any litigation or arbitration matter whatsoever under any circumstances.

  1. Prohibitions on Use.

 

You may not copy, print (except for the express limited purpose permitted by Section 3 above), republish, display, distribute, transmit, sell, rent, lease, loan, exploit for any commercial purposes or otherwise make available any form or by any means all or any portion of the Website and any information, materials or documents therein.

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