TEAMFIT45 TERMS AND CONDITIONS OF USE OWNERSHIP
TEAMFIT45 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 firstname.lastname@example.org 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 TEAMFIT45 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 TEAMFIT45 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 TEAMFIT45 in writing at Business & Legal Affairs TEAMFIT45 at 855 E. State Rd 434, Suite 1121, Winter Springs, Fl 32708, or email at email@example.com.
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 TEAMFIT45 and may be used, copied, sublicensed, adapted, transmitted, distributed, publicly performed, published, displayed or deleted as TEAMFIT45 sees fit.
If unsolicited submissions are sent to TEAMFIT45 via this Site, these submissions become the property of TEAMFIT45 and may be used, copied, sublicensed, adapted, transmitted, distributed, publicly performed, published, displayed or deleted as TEAMFIT45 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 TEAMFIT45, 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 TEAMFIT45 Marketing at 855 E. State Rd 434, Suite 1121, Winter Springs, Fl 32708 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 TEAMFIT45, including its respective employees, agents, directors, officers and shareholders.
TEAMFIT45 does not endorse and 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. TEAMFIT45 reserves the right, at any time, for any reason not prohibited by law, to deny permission to anyone linking a website to goldsgym.com.
TEAMFIT45 reserves the right to immediately terminate your use of, or access to, this Site at any time if TEAMFIT45 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 TEAMFIT45 considers to be inappropriate or unacceptable.
If you believe that any material contained in this Site infringes your copyright, you should notify TEAMFIT45 of your copyright infringement claim in accordance with the following procedure. TEAMFIT45 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, TEAMFIT45, 855 E. State Rd 434, Suite 1121, Winter Springs, Fl 32708 or e-mail: firstname.lastname@example.org.
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@example.com for purposes other than communication about copyright claims may not be acknowledged or responded to.
If your content has been removed from the Site in response to TEAMFIT45’s receipt of a DMCA Notification as outlined above, and you believe the removal was inappropriate, you may submit a DMCA Counter-Notification by contacting TEAMFIT45 at:
855 E. State Road 434, Suite 1121
Winter Springs, Fl 32708
Please include the following information:
- Your name, address, telephone number and email address;
- A statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district for which jurisdiction for TEAMFIT45 would be appropriate, and that you will accept service of process from the person who submitted the DMCA notification or an agent of such person;
- A description of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
- A statement by you under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
- Your written or electronic signature attesting to the above.
DISCLAIMER OF LIABILITY AND WARRANTIES
While TEAMFIT45 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. To the maximum extent permitted by law, 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 TEAMFIT45 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 TEAMFIT45, 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 TEAMFIT45 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 TEAMFIT45 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 HEREBY WAIVE ANY AND ALL RIGHTS TO BRING ANY CLAIM OR ACTION RELATED TO THIS SITE BEYOND ONE (1) YEAR AFTER THE FIRST OCCURRENCE OF THE KIND OF ACT, EVENT, CONDITION OR OMISSION UPON WHICH SUCH CLAIM OR ACTION IS BASED.
You agree to defend, indemnify and hold harmless TEAMFIT45, its parents and affiliates together with their respective franchisees, 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 Texas without giving effect to any principles of conflicts of law.
Except as explicitly stated otherwise, any notices shall be given by postal mail to TEAMFIT45 Attn: Legal Department, 855 E. State Rd 434, Suite 1121, Winter Springs, Fl 32708 (in the case of TEAMFIT45) or to the email address you provide to TEAMFIT45 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 TEAMFIT45 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 TEAMFIT45, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and TEAMFIT45 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 the provisions below or as otherwise mutually agreed upon in writing by the parties. Before resorting to formal proceedings, 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.
All disputes which cannot be resolved between the parties, and causes of action arising out of or connected with the Site, must be submitted to binding arbitration and decided on an individual basis, without the right for any claims to be pursued or decided as a class, consolidated, collective or representative action. The arbitration shall be conducted in Dallas County, Texas, on a confidential basis pursuant to the Federal Arbitration Act. Any decision or award as a result of any such arbitration proceeding shall be in writing and shall provide an explanation for all conclusions of law and fact and shall include the assessment of costs, expenses, and reasonable attorneys’ fees. An award of arbitration may be confirmed in a court of competent jurisdiction.
You agree that this Agreement and all incorporated agreements may be automatically assigned by TEAMFIT45 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 TEAMFIT45, located at 855 E. State Rd 434, Suite 1121, Winter Springs, Fl 32708.
COPYRIGHTS (C) / TRADEMARKS (™)
(C) 2018 TEAMFIT45. All trademarks are owned by TEAMFIT45 or are used under license. All rights reserved. All materials contained in TEAMFIT45’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.
TeamFit45 is committed to protecting the privacy of its visitors and has prepared the following statement to inform users how personally identifying information and non-personally identifying information is gathered from our Web site and used by TeamFit45.com. TeamFit45 encourages its Web site users to be smart about choosing when, and to whom, to release information online.
Children (persons under the age of 18) are not eligible to use the Web site unsupervised and we ask that children do not submit any personal information to us. If you are under the age of 18, you may only use this Web site in conjunction with and under the supervision of your parents or guardians.
NON-PERSONALLY IDENTIFIABLE INFORMATION
Certain non-personally identifiable information about our visitors is collected by the standard operation of TeamFit45.com’s internet servers and through the use of “cookie” technology (as described below), such as the type of internet browser you are using and the domain name of your internet service provider, where you go within the Web site, how much time you spend in any particular area and what you buy.
- Estimate our audience size. Each browser accessing TeamFit45.com is given a unique cookie which is then used to determine the extent of repeat usage, usage by a registered user versus by an unregistered user, and to help target messages, promotions and ads based on user interests and behavior.
- Assist us in tracking visits to and business at our store, and to process the items in your shopping basket. This information collected by cookies is sometimes called “clickstream” or “click trail” and may also describe which pages you have seen in each part of the store.
- Measure certain traffic patterns, which areas of the TeamFit45 Web site you have visited, and your visiting patterns in the aggregate. We use this research to understand how our users’ habits are similar or different from one another so that we can make each new experience on TeamFit45.COM a better one. We may use this information to better personalize the content, banners, and promotions that you and other users will see on our Web sites.
You have choices with respect to cookies. By modifying your browser preferences, you have the choice to accept all cookies, to be notified when a cookie is set, or to reject all cookies. If you choose to reject all cookies you will be unable to use those TeamFit45.com services that require registration in order to participate. These services include (but are not limited to): participating in any loyalty or incentive programs, signing up for free passes, etc.
Log data collected on web servers both within TeamFit45.com’s control and under the confidential control of TeamFit45.com’s third party ad service provider(s) supplies TeamFit45 with aggregate information about the number of visits to different pages on our Web site. This information is not personally identifiable information and is used by TeamFit45 to improve the content of our Web site.
PERSONALLY IDENTIFIABLE INFORMATION
Personally identifiable information will be used by TeamFit45 and its authorized agents only: (1) to process your requests (e.g., register you for a contest or sweepstakes or fulfill your merchandise order); (2) to communicate with you or personalize the Web site based on your stated interests and preferences or make related offers to you; (3) to administer the Web site or serve you when you have questions or problems; and/or (4) as may, in TeamFit45’s sole judgment, be required by any applicable laws, rules or regulations or the Terms and Conditions applicable to this Web site.
Personally identifiable information will only be shared with third parties to further the purpose for which you provide such information (e.g., to process your subscription request, enrollment registration or merchandise order) or when we believe in good faith that the law requires it, or to protect the rights of TeamFit45 or its affiliates or subscribers.
If TeamFit45 intends to disclose personally identifiable information to third parties in circumstances not outlined above, you will be advised at the time that we request that you provide us such information, such as in the rules of a sweepstakes or contest or as part of the terms of a given promotion, and you will be provided with the opportunity to opt out of our online database so that participation in the registration, sweepstakes, contest or other activity is possible without disclosing personally identifiable information to such third parties. TeamFit45 does not currently sell any personally identifiable information to third parties.
TeamFit45 strives to offer its visitors a secure and safe environment for credit card purchases. Some of the shopping and fulfillment services offered on TeamFit45.com may be operated by third party shopping partners.
They collect personally identifiable information necessary to accept, process and ship your ordered merchandise on behalf of TeamFit45 to provide you with information you may request and updates on the status of your order, and to assist your purchasing experience. Our shopping partners collect personally identifiable information from you by “active” means, whereby you actively give our shopping partners, as TeamFit45.com’s agents, that information when ordering merchandise.
Personally identifiable information entered into any of the TeamFit45.com shopping services is used only to complete your transaction and never revealed to others or used by our shopping partners for any purpose not authorized by TeamFit45. Our shopping partners do not own the personally identifiable information they collect and provide such information only to TeamFit45 (or its designee) and to the delivery services (e.g., the U.S. Postal Service and UPS) they use to deliver merchandise that you order from the TeamFit45.com shopping services. However, as authorized by TeamFit45, our shopping partners will provide personally identifiable information in response to legitimate subpoenas or other appropriate law enforcement activities.
Credit card information provided to buy merchandise is used solely to determine that your card is valid, that sufficient credit is available to pay for the purchase and to apply the cost of your purchase to your card when the items are shipped. Credit card information you provide is transmitted across the Internet securely using encryption from your browser to our shopping partners’ secure order processing systems. Some versions of browsers and firewalls do not permit connection to secure servers. In such cases, you will not be able to connect to the server and therefore won’t be able to place an order through a secure connection. While no method is completely impenetrable, our shopping partners utilize state-of-the-art encryption technology used in e-commerce today. Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure. Consequently, while our shopping partners are committed to protecting your personal information, they cannot entirely ensure or warrant the security of any information you transmit to them.
Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure. As a result, while we strive to protect your personal information, TeamFit45.com cannot ensure or warrant the security of any information you transmit to us or from our online products or services, and you do so at your own risk. Once we receive your transmission, we use reasonable efforts to ensure that collected personally identifiable information is secure and not readily accessible to unapproved individuals or third parties. TeamFit45.com has limited the number of people who have physical access to our database servers and has implemented electronic security systems and password protections which help further guard against unauthorized access.
Senior Director of Digital Marketing
855 E. State Road 434, Suite 1121
Winter Springs, Fl 32708