GOLD’S GYM INTERNATIONAL TERMS AND CONDITIONS OF USE OWNERSHIP
GOLD’S GYM reserves the right to modify or amend this Agreement without notice at any time. It is therefore important that you read this page regularly to ensure you are updated as to any changes.
If you become aware of misuse of this Site by any person, please contact the Site Administrator at [email protected] with your concerns.
ACCESS AND USE
All materials contained in this Site are protected by U.S. and international trademark and copyright laws and must only be used for personal, non-commercial purposes. This means that you may only view or download material from this Site for your own use and you must keep all copyright and other proprietary notices attached to the downloaded material.
You may not use any deep-link, page-scrape, spider, robot, crawl, index, Internet agent, or other automatic device, program, algorithm or technology which does the same things, to use, access, copy, acquire information, generate impressions, input information, store information, search, generate searches, or monitor any portion of the GOLD’S GYM website.
The reproduction, duplication, distribution (including by way of email, facsimile or other electronic means), publication, modification, copying or transmission of material from this Site is STRICTLY PROHIBITED unless you have obtained the prior written consent of GOLD’S GYM or unless it is expressly permitted by this Site. The material covered by this prohibition includes, without limitation, any text, graphics, logos, photographs, audio or video material or stills from audiovisual material available on this Site. The use of materials from this Site on any other web site or networked computer environment is similarly prohibited. Requests for permission to reproduce or distribute materials found on this Site can be made by contacting GOLD’S GYM in writing at Business & Legal Affairs GOLD’S GYM at 125 E. John Carpenter FWY, Suite 1300 Irving, TX 75062, or email at [email protected].
You are also strictly prohibited from creating works or materials that derive from or are based on the materials contained in this Site including, without limitation, fonts, icons, link buttons, wallpaper, desktop themes, on-line postcards and greeting cards and unlicensed merchandise. This prohibition applies regardless of whether the derivative materials are sold, bartered or given away.
You agree that any Message whatsoever submitted by you becomes the property of GOLD’S GYM and may be used, copied, sublicensed, adapted, transmitted, distributed, publicly performed, published, displayed or deleted as GOLD’S GYM sees fit.
If unsolicited submissions are sent to GOLD’S GYM via this Site, these submissions become the property of GOLD’S GYM and may be used, copied, sublicensed, adapted, transmitted, distributed, publicly performed, published, displayed or deleted as GOLD’S GYM sees fit. You agree that you are not entitled to any compensation, credit or notice whatsoever and that by sending an unsolicited submission you waive the right to make any claim against GOLD’S GYM, its parents or affiliates relating to unsolicited submissions, including, without limitation, unfair competition, breach of implied contract or breach of confidentiality.
LINKED SITES AND ADVERTISING
If you are interested in creating hypertext links to this Site, you must contact GOLD’S GYM Marketing at 125 E. John Carpenter FWY, Suite 1300 Irving, TX 75062 before doing so. In establishing hypertext links, you must not represent in any way, expressly or by implication, that you have received the endorsement, sponsorship or support of this Site or GOLD’S GYM, including its respective employees, agents, directors, officers and shareholders.
GOLD’S GYM takes no responsibility for third party advertisements which are posted on this Site, nor does it take any responsibility for the goods or services provided by its advertisers.
GOLD’S GYM reserves the right to immediately terminate your use of, or access to, this Site at any time if GOLD’S GYM decides at its sole discretion that you have breached this Agreement or any relevant law, rule or regulation or you have engaged in conduct that GOLD’S GYM considers to be inappropriate or unacceptable.
If you believe that any material contained in this Site infringes your copyright, you should notify GOLD’S GYM of your copyright infringement claim in accordance with the following procedure. GOLD’S GYM will process notices of alleged infringement which it receives and will take appropriate action as required by the Digital Millennium Copyright Act (’DMCA’) and other applicable intellectual property laws. The DMCA requires that notifications of claimed copyright infringement should be sent to this Site’s Designated Agent who is: Director of Legal Affairs GOLD’S GYM International, Inc. 125 E. John Carpenter FWY, Suite 1300 Irving, TX 75062 e-mail: [email protected].
To be effective, the notification must be in writing and contain the following information (DMCA, 17 U.S.C. 512(c)(3)): 1. Physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; 2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; 3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material; 4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted; 5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; 6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
E-mails sent with subject ‘DMCA” to [email protected] for purposes other than communication about copyright claims may not be acknowledged or responded to.
DISCLAIMER OF LIABILITY AND WARRANTIES
While GOLD’S GYM does its best to ensure the optimal performance of the Site, you agree that you use this Site and rely on material contained in this Site at your own risk. The Site, and all materials in this Site, are provided ’as is’ and, to the fullest extent permitted by law, are provided without warranties of any kind either express or implied. This means, without limitation, that GOLD’S GYM DOES NOT WARRANT that the Site is fit for any particular purpose; that the functions contained in the materials in the Site will be uninterrupted; that defects will be corrected; that the Site is free of viruses and other harmful components or that the Site is accurate, error free or reliable. You acknowledge that GOLD’S GYM, its parents and affiliates together with their respective employees, agents, directors, officers and shareholders, IS NOT LIABLE for any delays, inaccuracies, failures, errors, omissions, interruptions, deletions, defects, viruses, communication line failures or for the theft, destruction, damage or unauthorized access to your computer system or network.
You acknowledge that GOLD’S GYM is not liable for any defamatory, offensive or illegal conduct or material found in connection with this Site, including such conduct or material transmitted by any means by any other person.
You acknowledge that GOLD’S GYM is not liable for any damages, including, without limitation, direct, incidental, special, consequential or punitive damages, in connection with or arising from your use or from your inability to use the Site.
WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND OUR SUPPLIERS PROVIDE OUR WEB SITE AND SERVICES “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from state to state.
LIMITATION OF LIABILITY
IN NO EVENT SHALL WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE).
OUR LIABILITY, AND THE LIABILITY OF OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO $50. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
You agree to defend, indemnify and hold harmless GOLD’S GYM, its parents and affiliates together with their respective employees, agents, directors, officers and shareholders, from and against all the liabilities, claims, damages and expenses (including reasonable attorney’s fees and costs) arising out of your use of this Site; your failure to use the Site; your breach or alleged breach of this Agreement or your breach or alleged breach of the copyright, trademark, proprietary or other rights of third parties.
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service and your bidding on, listing, purchase, solicitation of offers to purchase, and sale of items.
SWEEPSTAKES AND/OR CONTESTS
This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions. This Agreement is governed by, and construed in accordance with, the laws of the State of California without giving effect to any principles of conflicts of law. You agree to submit to the exclusive jurisdiction of the courts of the State of California or, if appropriate, the United States District Court for the Central District of California for resolution of any dispute, action or proceeding arising in connection with this Agreement or your use or non-use of the Site, and you further irrevocably waive any right you may have to trial by jury in any such dispute, action or proceeding.
Except as explicitly stated otherwise, any notices shall be given by postal mail to Gold’s Gym Attn: Legal Department, 125 E. John Carpenter FWY, Suite 1300 Irving, TX 75062 (in the case of Gold’s Gym) or to the email address you provide to Gold’s Gym during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to Gold’s Gym during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.
RESOLUTION OF DISPUTES
In the event a dispute arises between you and Gold’s Gym, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and Gold’s Gym agree that any claim or controversy at law or equity that arises out of this Agreement or our services (”Claims”) shall be resolved in accordance with one of the subsections below or as otherwise mutually agreed upon in writing by the parties. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution and we will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation, as an alternative to litigation.
* Binding Arbitration. For any Claim (excluding Claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, you or Gold’s Gym may elect to resolve the dispute through binding arbitration conducted by telephone, on-line and/or based solely upon written submissions where no in-person appearance is required. In such cases, the arbitration shall be administered by the American Arbitration Association or JAMS in accordance with their applicable rules, or any other established ADR provider mutually agreed upon by the parties. Any judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
* Court. Alternatively, any Claim may be adjudicated by a court of competent jurisdiction located in Los Angeles County, California. You and Gold’s Gym agree to submit to the personal jurisdiction of the courts located within the county of Los Angeles, California.
* Alternative Dispute Resolution. Alternatively, Gold’s Gym will consider use of other alternative forms of dispute resolution, such as binding arbitration to be held in Los Angeles County, California or another location mutually agreed upon by the parties.
All Claims (excluding requests for injunctive or equitable relief) between the parties must be resolved using the dispute resolution mechanism that is selected in accordance with this Section by the first party to file a Claim. Should either party file an action contrary to this Section, the other party may recover attorneys’ fees and costs up to $1000, provided that the party seeking the award has notified the other party in writing of the improperly filed Claim, and the other party has failed to withdraw the Claim.
You agree that this Agreement and all incorporated agreements may be automatically assigned by Gold’s Gym in our sole discretion, Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof.
The services hereunder are offered by Gold’s Gym International, Inc., located at 358 Hampton Dr., Venice, CA.. If you are a California resident, you may have this same information emailed to you by sending a letter to the foregoing address with your email address and a request for this information.
COPYRIGHTS (C) / TRADEMARKS (™)
(C) 2006 GOLD’S GYM INTERNATIONAL, INC. All trademarks are owned by GOLD’S GYM INTERNATIONAL, INC. or are used under license. All rights reserved. All materials contained in GOLD’S GYM’s web sites are protected by copyright and trademark and shall not be used for any purpose whatsoever other than private, non-commercial viewing purposes. Reproduction, duplication, distribution, derivative works, and other unauthorized copying or use of stills, audio, video footage, or any other materials contained herein are expressly prohibited.
(C) 2006 GOLD’S GYM INTERNATIONAL, INC. All rights reserved.