PLEASE CAREFULLY REVIEW THE TERMS OF USE OF THIS WEB SITE
All uses of the Precor Incorporated ("Precor") web site are subject to the following
terms and conditions of use (these "Terms of Use"). Your use of this Web Site
will indicate your acceptance of these Terms of Use, as amended from time to time, as
well as the Precor Privacy Policy, which is hereby
incorporated into these Terms of Use. Please do not use this Web Site if you
do not agree to be bound by these terms. Precor may periodically change the terms by
posting the amended terms to this web site, so please check them from time to time as
your continued use of the web site signifies your acceptance of any changed terms.
PRECOR MAKES EVERY REASONABLE EFFORT TO PROVIDE ACCURATE AND TIMELY
INFORMATION ABOUT OUR COMPANY AND PRODUCTS ON THIS WEB SITE, HOWEVER, YOU SHOULD NOT
ASSUME THAT THE INFORMATION PROVIDED IS ALWAYS CURRENT OR THAT THIS WEB SITE CONTAINS
ALL THE RELEVANT INFORMATION AVAILABLE.
TRADEMARK AND COPYRIGHT. Unless otherwise indicated, all materials on
this web site are protected as the copyrights, trade dress, trademarks and/or
intellectual properties owned by Precor or its licensors and are protected by United
States and international laws regarding copyrights, trademarks, trade secrets and
other proprietary rights. The term "Precor" is a trademark and the Precor logo and all
related product and service names, designs and slogans are Precor trademarks. You may
not use such marks without Precor's prior written permission. All other names, brands
and marks are used for identification purposes only and may be trademarks or
registered trademarks of their respective owners. Any rights not expressly granted
herein are reserved.
NOTICE SPECIFIC TO MATERIALS AVAILABLE ON THIS WEB SITE. Permission
to use materials (such as brochures, press releases, owners manuals) from this web
site is granted, provided that the use of the materials is for informational,
non-commercial or personal use only and will not be copied or posted on any network
computer or broadcast in any media. You agree not to distribute, publish, transmit,
modify, display or create derivative works from or exploit the contents of this web
site in any way. Except as expressly authorized by Precor in writing, you may not
reproduce, sell or exploit for any commercial purposes (a) any part of this Web Site,
(b) access to this Web Site or (c) use of this Web Site or of any services or
materials available through this Web Site. You agree to indemnify, defend and hold
harmless Precor for any and all unauthorized uses you may make of any material on this
site. You acknowledge the unauthorized use of the contents could cause irreparable
harm to Precor and that in the event of unauthorized use, Precor shall be entitled to
an injunction in addition to any other remedies available at law or in equity.
LINKS TO THIRD PARTY WEB SITES. Some links on this site will allow
you to connect with sites that are not under our control. Precor is providing these
links only as a convenience. The appearance of a link does not imply Precor's
endorsement, nor is Precor responsible for the contents of any linked web site
products or services of any third-party web sites and does not make any
representations regarding their quality, content or accuracy. Access them at your own
risk.
DEALINGS WITH THIRD PARTY MERCHANTS. If you choose to correspond,
participate in a promotion or engage in transactions with any merchant found on or
through this Web Site, you acknowledge and agree that Precor is not a party to, and
will not be responsible for, your interaction with such merchant, including its
treatment of your information and the terms and conditions applicable to any
transaction between you and the merchant. The terms of your interaction with any
merchant are solely between you and such merchant. You agree that Precor will have no
responsibility or liability for any loss or damage of any kind that you may suffer as
the result of any such interaction or the presence of such merchants on or through
this Web Site.
LIABILITY OF PRECOR AND ITS LICENSORS
Precor does not assume any liability for the materials, information and opinions
provided on, or available through, the Precor Web Site (the "Site Content"). Reliance
on the Site Content is solely at your own risk. Precor disclaims any liability for
injury or damages resulting from the use of any Site Content.
PRIVACY; PROTECTION OF PERSONAL INFORMATION
Precor's use of your personal information and your responsibilities in connection with
protecting your privacy are described in our privacy policy
and is incorporated by reference into these Terms of Use.
DISCLAIMER
This web site and Site Content are provided on an "as is", "as available" basis
without warranties of any kind, express or implied including but not limited to those
of merchantability, fitness for a particular purpose or non-infringement or any
warranty arising from a course of dealing, usage or trade practice. Precor makes no
warranty or representation with respect to the quality, accuracy or availability of
the Precor Web Site. Specifically, Precor does not warrant or represent that the
Precor Web Site, the Site Content or the services provided on or through this web site
will be accurate, reliable, error-free or uninterrupted; that defects will be
corrected; that the Precor Web Site or the server that makes it available are free of
viruses or other harmful components; or that the Precor Web Site will otherwise meet
your needs or expectations. DISCLAIMER OF LIABILITY. The user assumes all
responsibility and risk for the use of this web site and the Internet generally. Under
no circumstances including negligence shall Precor or anyone involved in creating or
maintaining this web site be liable for any DIRECT, INDIRECT, INCIDENTAL, SPECIAL or
CONSEQUENTIAL DAMAGES or LOST PROFITS that result from the use or inability to use the
web site, the Site Content, any services provided through this web site and/or any
other web sites which are linked to this site. Nor shall Precor or anyone involved in
creating or maintaining this web site be liable for any such damages including, but
not limited to reliance by a member or visitor or any information obtained via the web
site; or that results from mistakes, omissions, interruptions, deletion or files,
viruses, errors, defects or any failure of performance, communications failure, theft,
destruction or unauthorized access whether or not Precor has been advised of the
possibility of any such damages.
FITNESS CENTER TESTIMONIAL PARTICIPANT
REQUIREMENT
Participant must sign a Release to participate, the language of the Release is as
follows: For good and valuable consideration herein acknowledged as received, upon the
terms hereinafter stated, I hereby grant to Precor, its legal representatives and
assigns, those for whom Precor is acting, and those acting with its authority and
permission, the absolute right and permission to copyright and use, re-use and
publish, and republish photographic images of me or in which I may be included, and my
personal fitness story, in whole or in part, or composite or distorted in character
form, without restriction as to changes or alterations, from time to time, in
conjunction with my own or a fictitious name, or reproductions made through the Precor
web page or any media on Precor's premises, or elsewhere for informational,
promotional or publicity purposes. It is further acknowledged that the received
consideration is payment in full for my likeness and/or story performed regardless of
any continuous publishing of images used in any media form. Additionally, I agree to
the following terms:
- I shall have no claim to additional compensation and no claim (including without
limitation, claims based upon invasion of privacy, defamation or right of publicity)
arising out of any use, blurring, alteration, distortion or illusionary effect of
use in composite form of my name, picture, or likeness or out of any other faulty
reproduction of my name, picture or likeness in the finished materials produced
hereunder.
- I hereby release, discharge and agree to hold harmless Precor or its
representatives or assigns, any and all persons acting under its permission or
authority or those for whom Precor is acting, from any liability by virtue of any
blurring, distortion, alteration, optical illusion, or use in composite form,
whether intentional or otherwise, that may occur in any publication thereof even
though it may be subject to ridicule, scandal, reproach, scorn and indignity.
- I represent that I am over 21 years of age (or if under 21 my parent or legal
guardian will sign below to signify consent on my behalf to the terms and conditions
of this agreement). I also represent that I have the right to enter into this
agreement and have no conflicting commitments or obligations that would interfere
with rights herein granted. I have not heretofore authorized (which authority is
still in effect) nor will I authorize or permit the use during the term of my name
picture, voice or likeness in connection with the advertising or promotion of any
product or service that is competitive to or incompatible with those of Precor.
COMMENTS AND SUBMISSIONS
Precor welcomes your comments. All comments, suggestions or other information sent by
you to this Web Site for internal use by Precor or its advertisers or business
partners or in response to solicitations on this Web Site, will become Precor's
property, and you agree that all intellectual property rights therein are transferred
to Precor. You understand that any postings to publicly available portions of the
Precor Web Site are non-confidential for all purposes.
COMPLIANCE
The owner of this Web Site is based in the State of Washington, USA. Precor makes no
representation that materials in this Web Site are appropriate or available for use in
other locations. If you access this Web Site from other locations, you are responsible
for complying with local laws.
CONTACT
Please contact us at termsofuse@precor.com
if you become aware of any content that may infringe the copyright of a third party or
that you believe to be in violation of these Terms of Use.
MISCELLANEOUS
These Terms of Use shall be governed in all respects by and construed in accordance
with the laws of the State of Washington, USA, without regard to its conflicts of law
principles. These Terms of Use, as they may be amended from time to time, completely
and exclusively state the agreement between you and Precor with respect to the Precor
Web Site, and no other terms that may have been communicated to you orally or in any
other manner shall have any force or effect. Any cause of action you may have with
respect to the Precor Web Site must be commenced within one (1) year after the claim
or cause of action arises or such claim or cause of action is barred. Exclusive
jurisdiction over any cause of action arising out of these Terms of Use or your use of
the Precor Web Site shall be in the state or federal courts located in Chicago,
Illinois. You agree to submit to the jurisdiction of such courts.
If any part of these Terms of Use is unenforceable, the unenforceable part shall be
construed to reflect, as nearly as possible, the original intentions of the parties.
The other provisions of these Terms of Use shall remain in full force and effect.
Precor's failure to insist upon or enforce strict performance of any provision of
these Terms of Use shall not constitute a waiver of the provision. Neither a course of
dealing or conduct between you and Precor nor any trade practices shall be deemed to
modify these Terms of Use.
THESE TERMS OF USE ARE SUBJECT TO CHANGE WITHOUT NOTICE
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