App Terms of Condition
PLEASE READ THIS LEGAL DOCUMENT CAREFULLY. Gym Pro GROUP LTD. (together with our affiliates, “Gymproluxe”,”Gymproluxe”, “Gymproluxe”, “we”, or “us”) provides an online fitness community and related products, services, content and features through Gymproluxe websites, such as those for our studio, support, boutique, and local country pages (the “Gymproluxe Site(s)”), the Gymproluxe fitness equipment (such as the Portable gym machine), Gymproluxe fitness studios, and through mobile, desktop, or device applications (including iOS and Android applications (“Apps”)) and Gymproluxe-controlled social media pages (including on Facebook, Instagram, Spotify and Twitter). To make these Terms easier to read, the Gymproluxe Sites and Apps, along with the Gymproluxe tablet and studio interfaces and Gymproluxe-controlled social media pages are collectively called the “Gymproluxe Service” or “the Services”. By registering as a member or by visiting, browsing, or using the Gymproluxe Service in any way, you (as a “user”) accept and agree to be bound by these Terms of Service (“Terms”), which forms a binding agreement between you and Gymproluxe.
PLEASE READ: THESE TERMS CONTAIN A BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER (SECTION 20). READ CAREFULLY, INCLUDING YOUR RIGHT, IF APPLICABLE, TO OPT OUT OF ARBITRATION. EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN SECTION 20 BELOW, OR WHERE PROHIBITED BY LAW, BY ENTERING INTO THESE TERMS YOU EXPRESSLY AGREE THAT DISPUTES BETWEEN YOU AND GYMPROLUXE WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND YOU HEREBY WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
If you do not wish to be bound by these Terms, you may not access or use the Gymproluxe Service. Certain elements of the Gymproluxe Service may be subject to additional terms and conditions specified from time to time; your use of those elements of the Gymproluxe Service is subject to those additional terms and conditions, which are incorporated into these Terms by this reference.
- Who May Use the Gymproluxe Service
Age Requirement. You must be at least 18 years old, or the age of legal majority in your jurisdiction of residence, to purchase a Gymproluxe membership subscription and become a Membership Holder (as defined in the Membership Terms). Individuals 18 years of age and older may participate in Gymproluxe classes, provided that such individuals:
- Have been cleared to participate by a family physician;
- Have permission to participate from a parent or legal guardian who will provide supervision;
- Abide by all Safety Precautions and instructions in the applicable user manual; and
- Rest, hydrate and modify as needed.
We may, in our sole discretion, refuse to offer the Gymproluxe Service to any person or entity and change the eligibility criteria at any time. You are solely responsible for ensuring that these Terms are in compliance with all laws, rules and regulations applicable to you, and the right to access and use the Gymproluxe Service is revoked where these Terms or use of the Gymproluxe Service is prohibited or conflicts with any applicable law, rule or regulation. Further, the Gymproluxe Service is offered only for your personal, non-commercial use, and not for the use or benefit of any third party.
- License to Use the Gymproluxe Service
License. Subject to your compliance with these Terms and solely for so long as you are permitted by us to access and use the Gymproluxe Service, Gymproluxe grants you a limited, non-transferable, non-exclusive, revocable right and license to access and use the Gymproluxe Service for your own personal, non-commercial purposes, a right which may not be assigned or sublicensed to anyone. This license includes the right to view Content (defined below) available on the Gymproluxe Service and the right to download one copy of the application to any single device for your personal, non-commercial home use only, provided you keep intact all copyright and other proprietary notices. This license grant is subject to you agreeing to and abiding by the Gymproluxe Intellectual Property and DMCA Policy, which forms a part of these Terms. This license will remain in effect unless and until you violate these Terms or this license is terminated by you or Gymproluxe.
Restrictions. Except as expressly permitted in writing by an authorized representative of Gymproluxe, you will not reproduce, redistribute, sell, transfer, create derivative works from, decompile, reverse engineer, or disassemble the Gymproluxe Service, nor will you take any measures to interfere with or damage the Gymproluxe Service. Unless otherwise specified, copying or modifying any Content or using Content for any purpose other than your personal, non-commercial use of the Gymproluxe Service, including use of any such Content on any other website or networked computer environment, is strictly prohibited. All rights not expressly granted by Gymproluxe in these Terms are reserved.
- What information we may collect about you;
- What we use that information for; and
- With whom we share that information.
- Membership Requirements Registration
To enjoy full access to the Gymproluxe Service, you must register as a member of the Gymproluxe Service and enter into a subscription agreement for access to our live and on-demand classes, Content and features (a “Subscription”). You must provide complete and accurate registration information to Gymproluxe, complete the Subscription process, and notify us if any of your information changes. If you fail to keep your account information up to date, we may have to suspend or terminate your Subscription.
In-Studio Classes and Membership. Participation in our in-studio live classes is subject to additional fees that are separate from the Subscription fees for Gymproluxe online Content. You must have an account registered on our studio website in order to sign up for in-studio classes and/or purchase studio memberships, but you are not required to have a Subscription. Additional information about our in-studio class packs and memberships is available on our studio website.
Profile Information and Picture. You may not use someone else’s name, or any name, location, other public profile information or image that violates any third party rights, is against the law, or that is offensive, obscene or otherwise objectionable (in Gymproluxe sole discretion).
Account Security. You are responsible for all activity that occurs under your account, including any activity by unauthorized users. You may not allow others to use your account. You must safeguard the confidentiality of your password, and if you are using a device that others have access to, log out of your account after using the Gymproluxe Service. If you become aware of an unauthorized access to your account, change your password and notify our Support team immediately.
- Membership Structure and Fees
Gymproluxe will provide information on its then-current in-studio membership and Subscription requirements on the Gymproluxe Site and/or by other means through the Gymproluxe Service. Features and prices are subject to change.
- Sale of Products
Gymproluxe accepts orders for the Gymproluxe Gym machine and any other equipment, apparel or accessories that we may offer through the Gymproluxe Site or at Gymproluxe retail showrooms. Unfortunately, availability of products cannot be guaranteed. Please note that product, service and other information provided is subject to corrections and changes without notice. Advertising depictions, graphics and diagrams are for illustrative purposes only and may not accurately reflect actual product or component availability. Colors, styles and other variants depicted are for illustration only and are subject to change. Errors will be corrected where discovered, and we reserve the right to revoke any stated offer and to correct any errors, inaccuracies or omissions.
Unless otherwise specified at the time of purchase, you must pay for products when you place the order. All products ordered will be delivered to the shipping address you provide. We reserve the right to cancel an order placed by you at any time and for any lawful reason prior to our delivery of the product(s) and receipt of payment in full from you, provided that we will refund any fees that you prepaid for those products if we cancel. We may send an acknowledgment of receipt of your order to the email address you provide and/or proof of purchase information through the Gymproluxe Site or to your email address after your payment has been processed. Please see our return policy for further information about Gymproluxe products.
- Termination; Account Deletion
Term. These Terms begin on the date you first use the Gymproluxe Service and continue as long as you have an account with us and/or continue to use the Gymproluxe Service.
Termination. Gymproluxe may, in Gymproluxe sole discretion, suspend, disable, or delete your account (or any part thereof) or block or remove any User Content (defined below) that you submitted, for any lawful reason, including if Gymproluxe determines that you have violated these Terms or that your conduct or User Content would tend to damage Gymproluxe reputation or goodwill. If Gymproluxe deletes your account, you may not re-register for or use the Gymproluxe Service under any other user name or profile. Gymproluxe may block your access to the Gymproluxe Service to prevent re-registration.
Effect of Termination / Account Deletion. Upon termination of these Terms all licenses granted by Gymproluxe will terminate. The following sections survive termination: Privacy (Section 3), User Content (Section 8), Indemnification (Section 12), No Warranties (Section 15), Limitation of Liability (Section 16), Safety Warnings (Section 17), Intellectual Property (Section 18), Arbitration Requirement & Class Action Waiver (Section 20), Contracting Entities, Governing Law and Jurisdiction (Section 21), and all general provisions. In the event of account deletion for any reason, User Content may no longer be available and Gymproluxe is not responsible for the deletion or loss of such User Content. For clarity, if you cancel your Subscription or it is terminated for any reason, you will lose access to all live and on-demand classes and any other Content or features provided through the Gymproluxe Service. Gymproluxe, in its sole discretion, may make available a very limited amount of Content or features to non-subscribers from time to time, and any use of that Content is governed by these Terms.
- User Content
“Content” means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Gymproluxe Service; and (ii) ”User Content” means any content that users (including you) provide to be made available through the Gymproluxe Service. Content includes, without limitation, User Content.
Any User Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such User Content. You represent that all User Content submitted by or on behalf of you is accurate, complete, up-to-date, and in compliance with these Terms and with all applicable laws, rules and regulations. You acknowledge that all Content, including User Content, accessed by you using the Gymproluxe Service is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom. To the full extent permitted by law, we make no representations, warranties or guarantees with respect to any Content that you access on or through the Gymproluxe Service.
As between you and Gymproluxe, you represent that you own (or have all rights necessary to grant Gymproluxe the rights below to) all User Content that you submit to the Gymproluxe Service, and that Gymproluxe will not need to obtain licenses from any third party or pay royalties to any third party in order to use such User Content. You grant Gymproluxe a worldwide, perpetual, irrevocable, non-exclusive, sublicensable (through multiple tiers), transferable royalty-free license and right to use, copy, transmit, distribute, publicly perform and display (through all media now known or later created), edit, modify, and make derivative works from your User Content (including, without limitation, translations) for any purpose whatsoever, commercial or otherwise, without compensation to you. In addition, you waive any so-called “moral rights” or rights of privacy or publicity in your User Content. You further grant all users of the Gymproluxe Service permission to view your User Content for their personal, non-commercial purposes. If you make suggestions to Gymproluxe or through the Gymproluxe Service about improving or adding new features or products to the Gymproluxe Service or you otherwise provide feedback, product or service reviews or testimonials, you hereby grant to Gymproluxe a worldwide, perpetual, irrevocable, non-exclusive, sublicensable (through multiple tiers), transferable royalty-free license and right to use, copy, modify, create derivative works based upon and otherwise exploit your suggestions, feedback, reviews and testimonials for any purpose (including for marketing), without any notice, compensation or other obligation to you.
You can remove your User Content by specifically deleting it. However, in certain instances, some of your User Content (such as posts or comments you make) may not be completely removed and copies of your User Content may continue to exist on the Gymproluxe Service. We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content.
- Rights and Terms for Apps
Rights in App Granted. Subject to your compliance with these Terms, Gymproluxe grants to you a limited non-exclusive, non-transferable, revocable license, with no right to sublicense, to download and install a copy of the App on a mobile device or computer that you own or control and to run such copy of the App solely for your own personal non-commercial purposes. You may not copy the App, except for making a reasonable number of copies for backup or archival purposes. Except as expressly permitted in these Terms, you may not:
- copy, modify or create derivative works based on the App;
- distribute, transfer, sublicense, lease, lend or rent the App to any third party;
- reverse engineer, decompile or disassemble the App; or
- make the functionality of the App available to multiple users through any means.
Gymproluxe serves all rights in and to the App not expressly granted to you under these Terms.
Accessing App from an App Store. The following terms apply to any App accessed through or downloaded from any app store or distribution platform (like the Apple App Store or Google Play) where the App may now or in the future be made available (each an “App Provider”). You acknowledge and agree that:
- These Terms are between you and Gymproluxe, and not with the App Provider, and Gymproluxe (not the App Provider), is solely responsible for the App.
- The App Provider has no obligation to furnish any maintenance and support services with respect to the App.
- In the event of any failure of the App to conform to any applicable warranty, you may notify the App Provider, and the App Provider will refund the purchase price for the App to you (if applicable) and, to the maximum extent permitted by applicable law, the App Provider will have no other warranty obligation whatsoever with respect to the App. Any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Gymproluxe.
- The App Provider is not responsible for addressing any claims you have or any claims of any third party relating to the App or your possession and use of the App, including, but not limited to:
- product liability claims;
- any claim that the App fails to conform to any applicable legal or regulatory requirement; and
- claims arising under consumer protection or similar legislation.
- In the event of any third party claim that the App or your possession and use of that App infringes that third party’s intellectual property rights, Gymproluxe will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms.
- The App Provider and its affiliates are third-party beneficiaries of these Terms as related to your license to the App, and that, upon your acceptance of the Terms, the App Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the App against you as a third-party beneficiary thereof.
- You represent and warrant that
- you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a terrorist-supporting country;
- you are not listed on any U.S. Government list of prohibited or restricted parties;
- you are not an individual, or associated with an entity, designated under the UK’s Terrorist Asset-Freezing etc. Act 2010 (TAFA 2010); and
- you are not otherwise subject to or affected in any way by any national security or terrorism related rules whether applicable to you personally or to your location or other circumstances.
- You must also comply with all applicable third party terms of service when using the App.
- General Prohibitions and Gymproluxe Enforcement Rights
You agree not to do any of the following:
- Post, upload, publish, submit or transmit any User Content or engage in any activity that:
- infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy;
- violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability;
- is fraudulent, false, misleading or deceptive;
- is defamatory, obscene, pornographic, vulgar or offensive;
- promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group;
- is violent or threatening or promotes violence or actions that are threatening to any person, animal, or entity;
- exploits minors or
- promotes illegal or harmful activities or substances;
- Download and/or install any third party software and/or application on any Gymproluxe hardware (excluding assistive technologies that are necessary for your own use of the Gymproluxe Service, such as screen-readers) that is not expressly permitted by Gymproluxe in writing;
- Use, display, mirror or frame the Gymproluxe Service or any individual element within the Gymproluxe Service, Gymproluxe name, any Gymproluxe trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Gymproluxe express written consent;
- Access, tamper with, or use non-public areas of the Gymproluxe Service, Gymproluxe computer systems, or the technical delivery systems of Gymproluxe providers;
- Attempt to probe, scan or test the vulnerability of any Gymproluxe system or network or breach any security or authentication measures;
- Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Gymproluxe or any of Gymproluxe providers or any other third party (including another user) to protect the Gymproluxe Service or Content;
- Bypass any territorial restrictions, including IP address-based restrictions, that may be applied to the Gymproluxe Service;
- Attempt to access, scrape or search the Gymproluxe Service or Content or download Content from the Gymproluxe Service, including through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools, plugins, add-ons or the like), other than the software and/or search agents provided by Gymproluxe or other generally available third-party web browsers;
- Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
- Use any meta tags or other hidden text or metadata utilizing a Gymproluxe trademark, logo URL or product name without Gymproluxeexpress written consent;
- Use the Gymproluxe Service or Content, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms or permitted expressly in writing by Gymproluxe;
- Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Gymproluxe Service or Content to send altered, deceptive or false source-identifying information;
- Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Gymproluxe Service or Content;
- Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Gymproluxe Service;
- Collect or store any personally identifiable information from the Gymproluxe Service from other users of the Gymproluxe Service without their express permission;
- Copy, use, index, disclose or distribute any information or data obtained from the Gymproluxe Service, whether directly or through third parties (such as search engines), without Gymproluxe express written consent;
- Alter, replicate, store, distribute or create derivatives from the Content available via the Gymproluxe Service except as expressly permitted in writing by Gymproluxe
- Impersonate or misrepresent your affiliation with any person or entity;
- Access, use or exploit the Gymproluxe Service in any manner (other than as expressly permitted by these Terms), including to build, develop (or commission the development of), replicate, or consult upon any product or service that may compete (directly or indirectly) with Gymproluxe or the Gymproluxe Service;
- Violate any applicable law or regulation; or
- Encourage or enable any other individual to do any of the foregoing.
You also agree to abide by the Gymproluxe Community Guidelines and Moderation Policy, which can be found at https://www.oneRedge Fit.com/community-user-content-moderation-policy.
Although we’re not obligated to monitor access to or use of the Gymproluxe Service or Content or to review or edit any User Content, we have the right to do so for the purpose of operating the Gymproluxe Service, to ensure compliance with these Terms, to comply with applicable law or other legal requirements and to maintain the integrity and reputation of the Gymproluxe Service and Gymproluxe systems. We reserve the right, but are not obligated, to remove or disable access to any User Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any User Content to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Gymproluxe Service. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
- Member Interactions, Dealings with Third Parties
When interacting with other Gymproluxe members, you should exercise caution and common sense to protect your personal safety and property, just as you would when interacting with other people you don’t know. Your participation, correspondence or personal or business dealings with any third party found on or through the Gymproluxe Service, whether regarding payment or delivery of specific goods and services, donations or fundraisers, and any other terms, conditions, representations or warranties associated with such dealings, are solely between you and such third party. You agree that Gymproluxe is not responsible or liable for any loss, damage, injury, or other matters of any sort incurred as the result of such dealings. In addition, when visiting or taking classes at any of our studios, please be advised that Gymproluxe is not responsible for any lost or stolen items and that visitors, guests and members are required to adhere to then-current policies in place at that studio and the directions of that studio’s employees and representatives.
You agree to indemnify, defend, and hold harmless Gymproluxe and its directors, officers, employees, and agents, from and against all claims, damages, losses and costs that arise from or relate to
- your activities on the Gymproluxe Service,
- any User Content submitted by or on behalf of you or
- your violation of these Terms.
- Third Party Software and Applications
Downloading and/or installing any third party software and/or applications that are not expressly authorized by Gymproluxe on any Gymproluxe hardware constitutes a breach of these Terms; any such downloading or installation is done at your own risk and may void any applicable warranty or support commitments by Gymproluxe.
- Third Party Links and Content
There may be links on the Gymproluxe Service that let you leave the particular Gymproluxe Service you are accessing in order to access a linked site that is operated by a third party. Gymproluxe neither controls nor endorses these sites, nor has Gymproluxe reviewed or approved the content that appears on them. Gymproluxe is not responsible for the legality, accuracy or inappropriate nature of any content, advertising, products or other materials on or available from any such third party sites. You acknowledge and agree that Gymproluxe is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the access or use of any of the links, content, goods or services available on or through these third party sites.
- No Warranties
Gymproluxe reserves the right to modify the Gymproluxe Service, including, but not limited to updating, adding to, enhancing, modifying, removing or altering any Content or features of the Gymproluxe Service, at any time, in its sole discretion. You are responsible for providing your own access (e.g., computer, mobile device, Internet connection, etc.) to the Gymproluxe Service. Gymproluxe has no obligation to screen or monitor any Content and does not guarantee that any Content available on the Gymproluxe Service is suitable for all users or that it will continue to be available for any length of time.
Gymproluxe provides the Gymproluxe Service on an “AS IS” and “AS AVAILABLE” basis. You therefore use the Gymproluxe Service at your own risk. Other than as expressly provided in writing by Gymproluxe in connection with your purchase of a Gymproluxe product, to the extent permitted by law, Gymproluxe expressly disclaims any and all warranties of any kind, whether express or implied, including, but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, quiet enjoyment and any other warranty that might arise under any law. Without limiting the foregoing, Gymproluxe makes no representations or warranties:
- That the Gymproluxe Service is or will be permitted in your jurisdiction;
- That thev Service will be uninterrupted or error-free;
- Concerning any Content, including User Content;
- Concerning any third party’s use of User Content that you submit;
- That the Gymproluxe Service will meet your personal or professional needs;
- That Gymproluxe will continue to support any particular feature of the Gymproluxe Service; or
- Concerning sites and resources outside of the Gymproluxe Service, even if linked to from the Gymproluxe Service.
To the extent that another party may have access to or view Content on your device, you are solely responsible for informing such party of all disclaimers and warnings in these Terms. TO THE EXTENT ANY DISCLAIMER OR LIMITATION OF LIABILITY DOES NOT APPLY, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL APPLICABLE EXPRESS, IMPLIED, AND STATUTORY WARRANTIES WILL BE LIMITED IN DURATION TO A PERIOD OF 30 DAYS AFTER THE DATE ON WHICH YOU FIRST USED THE REDGE FIT SERVICE, AND NO WARRANTIES SHALL APPLY AFTER SUCH PERIOD.
- Limitation of Liability
To the fullest extent permitted by law:
- Gymproluxe shall not be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to damages for loss of profits, economic or pure economic losses, goodwill, use, data, service interruption, computer damage, system failure, inability to use the Gymproluxe Service or Content or other intangible losses, even if a limited remedy set forth herein is found to have failed its essential purpose; and
- Gymproluxe’s total liability to you for all claims, in the aggregate, will not exceed the amount actually paid by you to Gymproluxe over the 12 months preceding the date your first claim(s) arose.
If you live in a jurisdiction that does not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation does not apply to you. To the extent that one or any aspect o Gymproluxe limitations set out above does not apply, all remaining aspects survive. The exclusions and limitations of damages set forth above are fundamental elements of the basis of the bargain between Gymproluxe and you.
- Safety Warnings
THE GYMPROLUXE SERVICE OFFERS HEALTH AND FITNESS INFORMATION AND IS DESIGNED FOR EDUCATIONAL AND ENTERTAINMENT PURPOSES ONLY. YOU SHOULD CONSULT YOUR PHYSICIAN OR GENERAL PRACTITIONER BEFORE BEGINNING A NEW FITNESS PROGRAM. YOU SHOULD NOT RELY ON THIS INFORMATION AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH, YOU SHOULD ALWAYS CONSULT WITH A PHYSICIAN, GENERAL PRACTITIONER OR OTHER HEALTH-CARE PROFESSIONAL. DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL OR HEALTH RELATED ADVICE FROM YOUR HEALTHCARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ ON THE GYMPROLUXE SITE OR HEARD ON THE GYMPROLUXE SERVICE. THE USE OF INFORMATION PROVIDED THROUGH THE REDGE FIT SERVICE IS SOLELY AT YOUR OWN RISK AND IS NOT MEDICAL OR HEALTHCARE ADVICE.
NOTHING STATED OR POSTED ON THE GYMPROLUXE SITE OR AVAILABLE THROUGH ANY GYMPROLUXE SERVICE IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL OR COUNSELING CARE. FOR PURPOSES OF THESE TERMS, THE PRACTICE OF MEDICINE AND COUNSELING INCLUDES, WITHOUT LIMITATION, PSYCHIATRY, PSYCHOLOGY, PSYCHOTHERAPY, OR PROVIDING HEALTH CARE TREATMENT, INSTRUCTIONS, DIAGNOSIS, PROGNOSIS OR ADVICE. THE GYMPROLUXE SERVICE IS CONTINUALLY UNDER DEVELOPMENT AND, TO THE FULL EXTENT PERMITTED BY LAW, GYMPROLUXE MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE. IN THAT REGARD, DEVELOPMENTS IN MEDICAL RESEARCH MAY IMPACT THE HEALTH, FITNESS AND NUTRITIONAL ADVICE THAT APPEARS HERE. NO ASSURANCE CAN BE GIVEN THAT THE ADVICE CONTAINED IN THE GYMPROLUXE SERVICE WILL ALWAYS INCLUDE THE MOST RECENT FINDINGS OR DEVELOPMENTS WITH RESPECT TO THE PARTICULAR MATERIAL.
In becoming a user of Gymproluxe with the intent of using the Gymproluxe Service, you affirm that either (A) all of the following statements are true:
- no physician or general practitioner has ever informed you that you have a heart condition or that you should only do physical activities recommended by a physician or general practitioner;
- you have never felt chest pain when engaging in physical activity;
- you have not experienced chest pain when not engaged in physical activity at any time within the past month;
- you have never lost your balance because of dizziness and you have never lost consciousness;
- you do not have a bone or joint problem that could be made worse by a change in your physical activity;
- your physician or general practitioner is not currently prescribing drugs for your blood pressure or heart condition;
- you do not have a history of high blood pressure, and no one in your immediate family has a history of high blood pressure or heart problems; and
- you do not know of any other reason you should not exercise; or
(B) your physician or general practitioner has been specifically consulted by you and approved of your use of the Gymproluxe Service.
If applicable, you further affirm that
- you are not pregnant, breastfeeding or lactating; unless
- your physician or general practitioner has been specifically consulted and approved your use of the Gymproluxe Service.
Gymproluxe reserves the right to refuse or cancel your membership if we determine that you have certain medical conditions or that the representations set forth above are untrue in any respect.
- Intellectual Property Acknowledgment
You acknowledge and agree that your use of the Gymproluxe Services and any Content contained therein is dependent upon you agreeing to and abiding by the Gymproluxe Intellectual Property and DMCA Policy at all times. You further acknowledge that the Gymproluxe Service contains software and other content that is protected by copyrights, patents, trademarks, trade secrets or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. All Gymproluxe-generated content, and content provided to Gymproluxe by its partners and licensors, is copyrighted individually and/or as a collective work under the U.S. copyright laws and all applicable international copyright (or equivalent) laws in all jurisdictions and protected under other intellectual property laws worldwide; further, as between you and Gymproluxe, Gymproluxe own intellectual property rights in the selection, coordination, arrangement and enhancement of all content in the Gymproluxe Service.
- Intellectual Property Usage and Reporting Infringement
Gymproluxe respects the intellectual property of others, and we ask our users to do the same. Each user is responsible for ensuring that their User Content does not infringe any third party’s right or other intellectual property rights. If you believe that the Gymproluxe Service or any Content contains elements that infringe or misappropriate your copyrights or other intellectual property rights (or the intellectual property rights of others), please go to the Gymproluxe Intellectual Property and DMCA Policy for directions on how to report it to us.
- describe the nature and basis of the Dispute and the relief you are seeking. If we are unable to resolve the Dispute within 45 days after Gymproluxe receipt of the Notice, then you or Gymproluxe may initiate arbitration proceedings as set out below.
- Conducting Arbitration and Arbitration Rules. Any arbitration will be conducted by JAMS pursuant to its Streamlined Arbitration Rules and Procedures (the “JAMS Rules”) then in effect, except as modified by these Terms. The JAMS Rules are available at www.jamsadr.com or by calling 1-800-352-5267. A party who wishes to start arbitration must submit a written Demand for Arbitration to JAMS and give notice to the other party as specified in the JAMS Rules. JAMS provides a form Demand for Arbitration at www.jamsadr.com. JAMS will appoint an arbitrator that is either
- a retired federal or state court judge, or
- an attorney who has been licensed to practice law in the state of New York for at least 10 years. The arbitration will be conducted by an in-person hearing, unless we both agree otherwise. If JAMS fails or declines to conduct the arbitration for any reason, we will mutually select a different arbitration administrator. If we cannot agree, a court will appoint a different arbitration administrator. Any arbitration hearings will take place in the county (or other municipality) where you live, unless we both agree to a different location. The parties agree that the arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability and scope of this arbitration agreement. During the arbitration, both you and Gymproluxe may take one deposition of the opposing party, limited to 4 hours. If we cannot agree on a time and location for a deposition, the arbitrator will resolve any scheduling disputes.