BY ACCESSING THIS WEBSITE ("SITE"), YOU ACKNOWLEDGE AND AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS ("TERMS") STATED HEREIN. THESE TERMS GOVERN YOUR ACCESS TO AND USE OF THIS SITE.
This Site is made available by TekSmart Fitness LLC, and all references herein to "we" or "us" refer to TekSmart Fitness LLC. All references herein to "you" or "user" refer to any user of this Site.
We reserve the right, in our sole discretion, to change, modify, add, or delete portions of these Terms or any aspect of the Site at any time without further notice. We will post changes to these Terms on this web page and will indicate at the top of this page the date these Terms were last updated. Your continued use of the Site after any such changes are posted constitutes your acceptance of the new Terms. IF YOU DO NOT AGREE TO ABIDE BY THESE OR ANY FUTURE TERMS, DO NOT USE OR ACCESS THE SITE. IT IS YOUR RESPONSIBILITY TO REGULARLY CHECK THE SITE TO DETERMINE IF THERE HAVE BEEN CHANGES TO THESE TERMS AND TO REVIEW SUCH CHANGES.
1. LICENSE GRANT; RESTRICTIONS
TekSmart Fitness LLC provides you a personal, revocable, limited, non-exclusive, royalty-free, nontransferable license to use this Site conditioned on your continued compliance with these Terms. Notwithstanding the foregoing license grant, you may not modify, translate, decompile, create derivative work(s) of, copy, distribute, disassemble, broadcast, transmit, publish, remove or alter any article or other content on this site. Without limiting the foregoing, you may print and download information from this Site solely for your personal use, provided that all hard copies contain all copyright and other such notices contained in such information. You expressly acknowledge and agree that TekSmart Fitness LLC transfers no ownership or intellectual property interest or title in and to the Site to you or anyone else.
You may not (i) use any "deep link," "page scrape," "robot," "spider," or other automatic device, program, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Site or in any way reproduce or circumvent the navigational structure or presentation of the Site to obtain or attempt to obtain any materials, documents, or information through any means not purposely made available through the Site, (ii) attempt to gain unauthorized access to any portion or feature of the Site or any other systems or networks connected to the Site or to any TekSmart Fitness LLC server, by hacking, password "mining," or any other illegitimate means, (iii) probe, scan, or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site, (iv) reverse look-up, trace, or seek to trace any information on any other user of or visitor to the Site, (v) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or TekSmart Fitness LLC's systems or networks or any systems or networks connected to the Site, (vi) use any device, software, or routine to interfere with the proper working of the Site or any transaction conducted on the Site, or with any other person's use of the Site, (vii) forge headers, impersonate a person, or otherwise manipulate identifiers in order to disguise your identity or the origin of any message or transmittal you send to or through the Site, and (ix) use the Site in a manner that could damage, disparage, or otherwise negatively impact TekSmart Fitness LLC or any contributor to or other user of the Site.
2. USER OBLIGATIONS
This Site is not intended for use by children, especially children under age thirteen (13). By accessing or using this Site, you represent and warrant that you are at least eighteen (18) years of age or older, or that you have the express permission of a parent or legal guardian to access or use this Site, and your parent or legal guardian agrees to be bound by these Terms on your behalf. You acknowledge and agree that use of the Internet and access to this Site is solely at your own risk. While we have endeavored to create a secure and reliable Site, you should understand that the confidentiality of any communication or material transmitted to/from the Site over the Internet or other form of global communication network cannot be guaranteed. Accordingly, we are not responsible for the security of any information transmitted to or from this Site.
3. PROPRIETARY RIGHTS
All text, graphics, user interfaces, visual interfaces, photographs, sounds, artwork, computer code, programs, software, products, information, articles, and documentation as well as the design, structure, selection, coordination, expression, "look and feel," and arrangement of any content contained on or available through the Site, unless otherwise indicated, are owned, controlled, and licensed by TekSmart Fitness LLC and its successors and assigns and are protected by law, including but not limited to, United States copyright, trade secret, patent, and trademark law, as well as other state, national, and international laws and regulations. Except as expressly provided herein, TekSmart Fitness LLC does not grant any express or implied right to you or any other person under any intellectual property or other proprietary rights laws or other laws, regulations, and statutes. TekSmart Fitness LLC enforces it intellectual property rights to the fullest extent of the law. This Site is Copyright © 2015 TekSmart Fitness LLC. All rights reserved. TekSmart Fitness LLC owns a copyright in the contents of the Site and in the selection, coordination, arrangement, and enhancement of the content of the Site. Any downloadable or printable programs, information, articles or materials available through the Site and all copyrights, trade secrets, and know-how related thereto are owned by TekSmart Fitness LLC, unless otherwise indicated. All trademarks, logos, service marks and trade names (collectively, "Trademarks") display on this Site or on the content available through this Site are registered and unregistered Trademarks of TekSmart Fitness LLC or their respective owners. Any use of such Trademarks, including without limitation, as domain names, without the express written permission of TekSmart Fitness LLC or the appropriate owner is strictly prohibited.
4. USER-SUBMITTED CONTENT (INCLUDING BLOGS AND FORUMS)
This Site contains provides tools that allow you to interact with other users of the Site by posting or viewing comments or opinions ("Consumer Reviews"). This section describes the terms and conditions that are applicable to any content ("Contributions") that you submit to this Site.
All comments or opinions expressed using the Consumer Reviews feature are those of their respective contributors and do not necessarily represent the views of TekSmart Fitness LLC, its management, or employees. TekSmart Fitness LLC is not responsible and expressly disclaims all liability for the content of any Contribution submitted by contributors to the Site. Without limiting the foregoing, TekSmart Fitness LLC will not be held liable for Contributions that may infringe a third party's copyright, trademark, or other intellectual property right.
The nature of some Contributions may be offensive, harmful, or inaccurate, and in some cases may be mislabeled or deceptively labeled. You agree that you are fully responsible for any Contribution that you submit to the Consumer Reviews feature. Without limiting the foregoing, TekSmart Fitness LLC reserves the right, but is not obligated, to monitor all submissions and exercise editorial control over all such submissions, including without limitation the right to take down or remove any Contributions. TekSmart Fitness LLC is not responsible for any failure to monitor, review, and/or delete any Contributions submitted to the Site.
All Contributions are deemed to be provided on a non-confidential basis. If you make a Contribution, you understand and agree that we may publish your Contribution in its entirety, as an edited version, or not at all, in our sole discretion. We may remove, alter, or otherwise edit Contributions that we deem inappropriate for any reason, in our sole discretion. You bear all privacy and other risks associated with making Contributions to this Site. Accordingly, you should avoid posting personal information such as home address or telephone number.
When you submit a Consumer Review, you may have the option to remain anonymous or include your username or your real time with your posting. Unless you choose to have your submission remain anonymous, you understand and agree that your username and/or full name may be posted along with your comment. To that extent, you do not have the same degree of privacy or confidentiality as you may receive in other areas of the Site.
Rules of Conduct
You must abide by the following rules of conduct at all times while using the Consumer Reviews feature of the Site. TekSmart Fitness LLC may impose limits on certain aspects of the Consumer Reviews feature without notice or penalty, in our sole discretion and for any reason, including without limitation if we believe you are in breach of these rules of conduct, the Terms of this Site, or any applicable law.
1. Contributions submitted by you must not contain content that is libelous, defamatory, obscene, abusive, violative of any third party's privacy rights, and/or contains personal information of third parties such as telephone numbers, mail, or email addresses.
2. Vulgar language and inappropriate material is prohibited. Abbreviations, self-censoring, and attempts to circumvent the censoring features of our software violates these rules of conduct. If your Contribution contains a word that is censored by the software, you must remove the word or the post.
3. The material you post must be original material in which you own the copyright and/or that you have the legal right or license to reproduce, adapt, display, and/or distribute the material to others. Do not post photos, video, software, comments, or other content that is violative of intellectual property rights of others (including, without limitation, copyright, trade secrets, and trademarks rights) or violative of any federal, state, local, or international laws or regulations, all of which are expressly prohibited.
4. You must not post content that degrades others on the basis of gender, race, class, ethnicity, national origin, religion, sexual preference, disability, or other classification. TekSmart Fitness LLC will not tolerate language intended to intimidate or incite violence.
5. Do not engage in disruptive activity including without limitation persistent off-topic contributions or comments, or statements designed to incite other users to violate these Terms and these rules of conduct.
6. Do not post any instructions, software, or other materials that would harm other users' computers or allow other users to harm third parties, including without limitation by uploading viruses, worms, Trojan horses or other malicious, illegal, or unlawful code which is designed to interrupt, destroy, or limit the functionality of any software or hardware.
7. All Contributions must be written in English so that it can be properly monitored by TekSmart Fitness LLC and received by others.
8. If your Contribution includes a link to an outside website, you must ensure that the content of the link is appropriate for the Site. This rule applies to mentioning or referencing a website, even if the mention is not hyperlinked from your post. If you post a link or reference a website that is inappropriate, you must remove it immediately. Inappropriate links or websites include, without limitation, links and website that lead to earning cash, banner impressions, credits, points, and other incentives.
9. Unless specifically agreed to in writing by TekSmart Fitness LLC, you may not use the Consumer Reviews feature for any commercial purpose. TekSmart Fitness LLC prohibits any actions to solicit funds, promote commercial entities or websites, or otherwise engage in commercial activity through the Consumer Reviews feature.
TekSmart Fitness LLC does not claim ownership of any Contribution submitted by you or any other user. By submitting a Contribution, you grant to TekSmart Fitness LLC a perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable copyright license to reproduce, prepare derivative works of, publicly display, publicly perform, sublicense, and distribute the Contribution and derivative works. In addition, by submitting a Contribution using the Consumer Reviews feature, you grant to TekSmart Fitness LLC a perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable license to make, have made, use, offer to sell, export, and otherwise transfer or sublicense such Contributions. You also grant TekSmart Fitness LLC permission to use your Contribution for commercial and noncommercial uses.
In addition to, and without limiting, any other disclaimers stated in these Terms or elsewhere on the Site, TekSmart Fitness LLC makes no representations or warranties about any material posted on or made available through the Consumer Reviews feature, including without limitation warranties as to the quality, accuracy, completeness, or fitness for any particular purpose of such material. You are solely responsible for determining and confirming the availability, appropriateness, accuracy, sufficiency, correctness, veracity, completeness, reliability, and timeliness of all user-submitted content. The inclusion of any user-submitted content on this Site does not imply the endorsement or sponsorship of TekSmart Fitness LLC. You are solely responsible or any and all consequences of any activities, transactions, and relationships that you may conduct or form with other users of the Site.
5. LINKS TO OTHER SITES
6. PRIVACY OF USER INFORMATION
7. LIMITATION ON LIABILITY AND DISCLAIMER OF WARRANTIES
By using this Site, you agree that TekSmart Fitness LLC and its owner(s), parent, subsidiaries, affiliates, agents, representatives, and employees will have no liability whatsoever for any injuries, losses, claims, damages or any special, exemplary, punitive, indirect, incidental or consequential damages of any kind, whether based in contract, tort, strict liability or otherwise, resulting from any use Site, any failure or delay by TekSmart Fitness LLC in connection with Site, or the performance or non-performance of the Site's features, even if TekSmart Fitness LLC has been advised of the possibility of such damages. This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation, computer virus, communications line failure, theft or destruction, or unauthorized access to, alteration of, or use of your personal information.
You agree to defend, indemnify, and hold harmless TekSmart Fitness LLC and its affiliates and all of their employees, agents, directors, officers, shareholders, attorneys, successors, and assigns from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including reasonable attorneys' fees and litigation expenses) relating to or arising from any breach by you of these Terms.
9. GOVERNING LAW
The laws of the State of Minnesota, without regard to its conflict of law principles, will govern these Terms. Any action to enforce these Terms will be brought in federal or state courts presiding in the County of Hennepin, Minnnesota, United States of America and all parties to these Terms expressly agree to be subject to the jurisdiction of such courts. This Site is controlled and operated by TekSmart Fitness LLC from its offices in Minneapolis, Minnesota. TekSmart Fitness LLC makes no representation that the Site is appropriate or available for use in other locations, and access to the Site from territories or nations where any aspect of this Site is illegal is prohibited. You access this Site on your own volition and are responsible for compliance with all applicable laws.
10. ENTIRE AGREEMENT
These Terms make up the entire agreement between TekSmart Fitness LLC and you relating to the Site and replaces any prior understandings or agreements (whether oral or written) regarding the Site. If any of these Terms shall become invalid or unenforceable, the remaining terms shall remain in full force and effect. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
ALTHOUGH DISPUTES WITH OUR VALUED CUSTOMERS ARE RARE, IN THE UNLIKELY EVENT OF A DISPUTE, WE HAVE ESTABLISHED THIS ARBITRATION AGREEMENT. PLEASE READ THIS AGREEMENT CAREFULLY. YOU ACCEPT THE TERMS OF THIS AGREEMENT BY RETAINING THE PRODUCT (S) SHIPPED IN CONNECTION WITH THIS AGREEMENT (THE "PRODUCTS ") FOR MORE THAN THIRTY (30) DAYS AFTER RECEIPT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU MAY RETURN THE PRODUCT TO COMPANY WITHIN THIRTY (30) DAYS OF RECEIPT FOR A FULL REFUND. THIS ARBITRATION AGREEMENT ("AGREEMENT") AFFECTS YOUR LEGAL RIGHTS AND REMEDIES BY PROVIDING THAT DISPUTES BETWEEN YOU AND THE MANUFACTURER, DISTRIBUTOR AND/OR SELLER OF THIS PRODUCT (COLLECTIVELY, "COMPANY"), MUST BE RESOLVED THROUGH BINDING ARBITRATION AND NOT IN COURT. IT ALSO PROVIDES THAT ANY DISPUTE CANNOT BE RESOLVED IN A CLASS ACTION OR OTHER PROCEEDING WHERE YOU REPRESENT OTHER PERSONS OR OTHER PERSONS REPRESENT YOU, AND THAT NO CLASS OR REPRESENTATIVE ARBITRATIONS ARE PERMITTED. PLEASE CAREFULLY READ ALL TERMS IN THIS AGREEMENT.
RESOLUTION OF CLAIMS OR DISPUTES.
Any claim or dispute between you and Company (or any of Company's subsidiaries or affiliates) arising out of or relating in any way to the Product or this Agreement shall be resolved through final, binding arbitration. This arbitration obligation is reciprocally binding on both you and the Company and applies regardless of whether the claim or dispute involves a tort, fraud, misrepresentation, product liability, negligence, violation of a statute, or any other legal theory. Both you and Company specifically acknowledge and agree that you waive your right to bring a lawsuit based on such claims or disputes and to have such lawsuit resolved by a judge or jury.
2. LIMITATION OF LEGAL REMEDIES.
All arbitrations under this Agreement shall be conducted on an individual (and not a class-wide) basis, and an arbitrator shall have no authority to award class-wide relief. You acknowledge and agree that this Agreement specifically prohibits you and the Company from commencing arbitration proceedings as a representative of others or joining in any arbitration proceedings brought by any other person. The parties agree that no class or representative actions of any type are permitted.
3. ARBITRATION PROCEDURES.
a. Before instituting an arbitration, if you have any dispute, we strongly encourage you to contact the Company to try to resolve the matter by calling 844-248-6072, although you are not required to do so.
b. The arbitration of any claim or dispute under this Agreement shall be conducted in accordance with the expedited procedures set forth in the JAMS Comprehensive Arbitration Rules and Procedures as those Rules exist on the date you receive the Product, including Rules 16.1 and 16.2 of those Rules. These rules and procedures are available by calling JAMS or by visiting its web site at www.jamsadr.com. The arbitration of any claim or dispute under this Agreement shall be conducted by an arbitrator who has at least five years of experience conducting arbitrations.
c. The arbitration of any claim or dispute under this Agreement shall be conducted in the State of Minnesota or the location in which you received this Agreement. For claims of $10,000 or less, you may choose whether the arbitration proceeds in person, by telephone, or based only on submissions.
d. The Company shall pay costs for the arbitration of claims, including any JAMS Case Management Fee and all professional fees for the arbitrator's services. The Company shall pay the fees and costs of its own counsel, experts and witnesses and shall not be able to recoup them from you even if you do not prevail in the arbitration. Unless otherwise provided by law, you acknowledge and agree that you shall pay the fees and costs of your own counsel, experts and witnesses.
4. CHOICE OF LAW.
The arbitration provisions of this Agreement and any arbitration conducted pursuant to the terms of this Agreement shall be governed by the Federal Arbitration Act (9 U.S.C. Secs. 1-16). In this respect, the parties acknowledge that this Agreement involves a transaction conducted in interstate commerce. Otherwise, this Agreement and the rights of the parties hereunder shall be governed by and construed in accordance with the laws of the State of Minnesota, exclusive of conflict or choice of law rules.
If any provision of this Agreement is declared or found to be unlawful, unenforceable or void, such provision will be ineffective only to the extent that it is found unlawful, unenforceable or void, and the remainder of the provision and all other provisions shall remain fully enforceable.