Terms & Conditions

This web site, including any subsite accessible through the homepage, (collectively, the "Site") is published and maintained by subsidiaries, affiliates and/or related entities of fitnessproshop.com . Please note that when you enter any subsite accessible through the homepage, such subsite may have its own terms and conditions of use that are specific to such subsite. When you access, browse or use this Site you accept, without limitation or qualification, the terms and conditions ("Terms and Conditions") set forth below and any additional terms and conditions set forth in any subsite. fitnessproshop.com reserves the right to modify, change, alter or otherwise edit these Terms and Conditions at any time by updating this posting and such changes will become immediately effective upon such posting. Your continued use of the Site will bind you to such revisions and you should therefore periodically visit this page to review the then current Terms and Conditions. If you do not agree to these Terms and Conditions, please do not use the Site. For your information, this page was last updated on June 23, 2003.

USE OF THE SITE:

You may not distribute, exchange, modify, sell, or transmit anything you copy from this Site, including but not limited to any text, images, audio or video, for any business, commercial or public purpose. As long as you comply with these Terms and Conditions, fitnessproshop.com grants you a non-exclusive, non-transferable, limited right to enter, display and use the Site. You agree not to interrupt or attempt to interrupt the operation of this Site in any manner whatsoever.

OWNERSHIP:

Copyright:
All materials on the Site, including but not limited to images, software, audio, text and video clips (the "Content"), are protected by copyright under U.S. copyright law, international conventions and other copyright laws. All Content is owned or licensed by fitnessproshop.com . You cannot use the Content, except as specified herein. Any unauthorized use of the Content may violate, without limitation, copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. You may view and download the Content for your own personal, non-commercial use, provided that you retain all copyright and other proprietary notices contained in the Content or on any copies of the Content. You may not change the Content in any way or reproduce, publicly display, distribute or otherwise use the Content for any public or commercial purpose. Any use of the Content on any other web site or networked computer environment for any purpose is prohibited.

Trademarks:
fitnessproshop.com trademarks, logos, and service marks and those trademarks, logos, and service marks licensed to fitnessproshop.com (collectively, the "Trademarks") displayed on the Site, including but not limited to the fitnessproshop.com logo, are registered and unregistered marks of fitnessproshop.com . All other trademarks, trade names, product names, service marks and all other non- fitnessproshop.com marks are the property of their respective owners. Nothing contained on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site without the written permission of fitnessproshop.com or such third party that may own other trademarks displayed on the Site.

USE OF SOFTWARE:

Any software that is available on this Site ("Software") is the copyrighted work of fitnessproshop.com and/or its licensors. Copying or reproducing the Software to any other server or location for further reproduction or redistribution is strictly prohibited, unless such reproduction or redistribution is permitted by a license agreement accompanying such Software. You may not create derivative works of the Software, or attempt to decompile or reverse-engineer the Software unless otherwise permitted by law. Use of the Software is subject to the license terms of any license agreement that may accompany or is provided with the Software. You may not download any Software until you have read and accepted the terms of the accompanying software license.

WITHOUT LIMITING THE FOREGOING, THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF SEPARATE LICENSE AGREEMENT ACCOMPANYING THE SOFTWARE. EXCEPT AS WARRANTED IN SUCH LICENSE AGREEMENT, fitnessproshop.com , ITS PARENT, SUBSIDIARY, AND AFFILIATE COMPANIES, AND ITS LICENSORS DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY LAW.

U.S. Government Restricted Rights: The Software available on the Site and accompanying documentation that is downloaded from this Server for or on behalf of the United States of America, its agencies and/or instrumentalities are provided with Restricted Rights. You agree to meet all requirements necessary to ensure that the Federal Government will honor such rights. Disclosure, use or reproduction of the Software and accompanying documentation are subject to restrictions set forth at [Federal Acquisition Regulation 52.227-14, when applicable, or in the Department if Defense Federal Acquisitions Regulations Supplement 252.227-7013.]

Software from this Site is further subject to United States Export Controls. No software from this Site may be downloaded or exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the United States has embargoed goods; or (ii) to anyone on the United States Treasury Department's list of Specially Designated Nationals or using the Commerce Department's Table of Deny Orders. By downloading any Software, you represent and warrant that you are not located in, or under the control of, or a national or resident of any such country or on any such list.

Communications and Submissions:

User Communications:
Other than Personally Identifiable Information, which is defined and covered in the fitnessproshop.com 's Online Privacy Statement, any material, information or other communication you send or post to this Site will be considered non-confidential and non-proprietary ("Communication"). fitnessproshop.com will have no obligations with respect to the Communications. fitnessproshop.com and its designees have the right to edit, alter, broadcast, post, publish, copy, disclose, distribute, incorporate and otherwise use the Communication and images, sounds, text, and other things embodied therein for any and all commercial purposes throughout the world in any medium. Furthermore, fitnessproshop.com is free to use, without any compensation to you whatsoever, any concepts, ideas, know-how or techniques contained in any Communication for any purpose whatsoever, including but not limited to developing, manufacturing, and marketing products using such information. However, you agree that fitnessproshop.com has no obligation to use any idea or material contained in a Communication and you have no right to compel such use. You are prohibited from posting or otherwise transmitting to or from this Site unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material that may violate any law.

Internet transmissions are never completely private or secure. You understand that any Communication that you send to this Site may be read or intercepted by others unless there is a special notice that a particular message (for example, credit card information) is encrypted. Sending a Communication to fitnessproshop.com does not cause fitnessproshop.com to have any special responsibility to you.

User Submissions:
fitnessproshop.com maintains a strict policy of not accepting or considering any creative ideas, suggestions or materials from the public ("Submissions") and therefore you should not make any Submissions to fitnessproshop.com in any Communications through this Site or otherwise. fitnessproshop.com and its parent company, subsidiaries and affiliates have been actively engaged in research and development in diversified scientific and business areas for many years. In order to protect fitnessproshop.com 's, its parent company, affiliates' and subsidiaries' interests in the ideas and information which have been conceived or developed internally, and to avoid possible future misunderstandings with you or others, fitnessproshop.com does not solicit Submissions or agree to receive any confidential information from persons or entities outside the fitnessproshop.com group of companies. We can only accept ideas from the public if the proposed idea is already covered by a United States patent, or if not issued as a United States patent, is public information. Nonetheless, if you do send fitnessproshop.com a Submission that has not been patented or is not public information, it immediately becomes the property of fitnessproshop.com and fitnessproshop.com shall exclusively now and hereafter own all rights, title and interest therein. Furthermore, fitnessproshop.com is free to use, without any compensation to you whatsoever, any concepts, ideas, know-how or techniques contained in any such Submission for any purpose whatsoever, including but not limited to developing, manufacturing, and marketing products using such information. fitnessproshop.com shall not be liable for such use or disclosure of such Submission or for any similarities in the Submission and any future fitnessproshop.com uses or activities. If you are uncertain as to the meaning or implication of the terms and conditions concerning Submissions, consult your attorney.

LINKS:

This Site may contain links to other Internet sites on the World Wide Web. fitnessproshop.com provides such links for your convenience only, and is not responsible for the content of any site linked to or from this Site. Links from this Site to any other site do not mean that fitnessproshop.com approves, or endorses or recommends that site. fitnessproshop.com disclaims all warranties, express or implied, as to the accuracy, legality, reliability or validity of any content on any other site. Viewing of all other sites is at your own risk.

CONTESTS, SWEEPSTAKES AND OTHER PROMOTIONS:
This Site may contain contests, sweepstakes or other promotions ("Promotions") that offer prizes or require you to send in material or information about yourself. Each Promotion has its own rules, which you must read and agree to before you may enter. Please also see fitnessproshop.com 's Online Privacy Statement for further information concerning contests administered by fitnessproshop.com , its parent, subsidiaries or affiliates which may include children under the age of 13.

RULES FOR KIDS (UNDER THE AGE OF 16)

If you are under 16, you must ask your parents or guardian before you:
   • E-mail the Site, or ask us to e-mail anything to you;
   • Send in any information;
   • Enter any contest, sweepstakes or game that requires information about you or offers a prize; or
   • Buy anything online.

AVAILABILITY OF PRODUCTS AND SERVICES:

The products and services displayed on this Site are intended for sale in the United States only may not be available for purchase in your particular country or locality. The reference to such products and services in the Site does not imply or warrant that these products or services will be available at any time in your particular location.

SITE INFORMATION REGARDING fitnessproshop.com PRODUCTS AND SERVICES, INCLUDING THEIR AVAILABILITY, APPEARANCE, PRICE AND SPECIFICATIONS ARE SUBJECT TO CHANGE WITHOUT NOTICE. SUCH INFORMATION WILL NOT CONSTITUTE A REPRESENTATION, WARRANTY OR OTHER COMMITMENT BY fitnessproshop.com WITH RESPECT TO ANY PRODUCT OR SERVICE AND fitnessproshop.com HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, AS TO THE ACCURACY SUITABILITY FOR ANY PURPOSE OR COMPLETENESS THEREOF.

DISCLAIMER:

YOUR USE AND BROWSING OF THE SITE IS AT YOUR RISK. THIS SITE (INCLUDING ALL CONTENT AND FUCTIONS MADE AVAILABLE ON OR ACCESSED THROUGH THIS SITE) IS PROVIDED "AS IS." TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WITH REGARD TO THE CONTENT ON THIS SITE, fitnessproshop.com MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER (1) FOR THE ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF ANY CONTENT PUBLISHED ON OR AVAILABLE THROUGH THE SITE, (2) THAT THE SERVER THAT MAKES THIS SITE AVAILABLE IS FREE OF VIRUSES OR OTHER COMPONENTS THAT MAY INFECT, HARM OR CAUSE DAMAGE TO YOUR COMPUTER EQUIPMENT OR ANY OTHER PROPERTY WHEN YOU ACCESS, BROWSE, DOWNLOAD FROM OR OTHERWISE USE THE SITE.

UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO fitnessproshop.com 'S NEGLIGENCE, WILL fitnessproshop.com , OR ANY OTHER PARTY INVOLVED IN CREATING, HOSTING OR DELIVERING THE SITE, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR OTHER DAMAGES WHATSOEVER ARISING OUT OF YOUR ACCESS TO, OR USE OF, THE SITE, EVEN IF fitnessproshop.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. PLEASE NOTE THAT SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR CONDITIONS, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THE EXCLUSION OF IMPLIED WARRANTIES. fitnessproshop.com ALSO ASSUMES NO RESPONSIBILITY, AND WILL NOT BE LIABLE FOR ANY DAMAGE TO OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY, OR FOR ANY LOSS OR CORRUPTION OF DATA ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE SITE, OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THE SITE. IN NO EVENT SHALL fitnessproshop.com 'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SITE.

INDEMNIFICATION:

You agree to indemnify, defend and hold fitnessproshop.com and all of its agents, directors, employees, information providers, licensors and licensees, officers and parent, (collectively "Indemnified Parties") harmless from and against any and all liability and costs (including, without limitation attorneys' fees and costs), incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms and Conditions of the foregoing representations, warranties and covenants. You will cooperate as fully as reasonably required on fitnessproshop.com 's defense of any such claim. fitnessproshop.com reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you will not in any event settle any matter without the written consent of fitnessproshop.com .

APPLICABLE LAWS:

This Site is intended for use by residents of the United States of America only. These Terms and Conditions are governed and interpreted under the laws of the State of North Carolina, United States of America, without giving any effect to principles of conflicts of law.

GENERAL PROVISIONS:

These Terms and Conditions and those found in the fitnessproshop.com Online Privacy Statement set forth the entire understanding and agreement between you and fitnessproshop.com with respect to the Site. You acknowledge that any other agreements between you and fitnessproshop.com with respect to the Site are superseded and of no force or effect. If any provision of these Terms and Conditions shall be unlawful, void or for any reason unenforceable, then that provision will be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions.