Terms of Use

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 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.

SUBMISSIONS
All submissions sent by you will become Precor’s property and will be used at Precor’s sole discretion. All submissions are non-confidential for all purposes. Precor reserves the right to remove or refuse to post any submission for any reason. By submitting material, you specifically give Precor a non-exclusive, royalty free, perpetual, irrevocable, and worldwide license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such content throughout the world in any media. Before you can submit material you must agree to the terms of the following License and Release, and the Terms of Use of Precor’s website.

 

LICENSE AND RELEASE

 

For good and valuable consideration herein acknowledged as received, I hereby grant to Precor Incorporated (“Precor”), its legal representatives and assigns, those for whom Precor is acting, and those acting with its authority and permission, a royalty free, perpetual, irrevocable, and worldwide license to use, reproduce, modify, adapt, publish, translate, create derivative works from, copyright, distribute and display any and all written content and related materials including my name and photographic images that I submit to Precor (“Submissions”), in whole or in part, without restriction as to changes, alterations, in conjunction with my own or a fictitious name, on Precor’s website or in any media form throughout the world for Precor’s commercial or non-commercial purposes.

 

I further acknowledge that the received consideration is payment in full regardless of any continuous publishing of my Submissions in any media form. 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, alteration or use in composite form of my name or photographic images, 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 alteration or use in composite form, whether intentional or otherwise, that may occur in any publication in any medium regardless of its effect or perceived effect upon me.

 

I represent that I am over 21 years of age. 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 authorized nor will I authorize or permit the use of my name or photographic image in connection with the advertising or promotion of any product or service that is competitive to or incompatible with those of Precor.

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 and the Privacy Policy 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. The Privacy Policy may also be amended from time to time. 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, the Privacy Policy, or your use of the Precor Web Site shall be in the state or federal courts located in State of Washington, King County, USA. 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.

 

E-COMMERCE TERMS OF USE

If you visit or shop at the Precor web store, you accept the “Terms of Use” and the “Privacy Policy” of the Precor website, and conditions listed here, any applicable additions of amazon.com in addition to any other law or regulation that applies to the purchase of retail through the Internet, and/or the World Wide Web.Please read the “Terms of Use” and “Privacy Policy” carefully. IF YOU DO NOT AGREE WITH ANY OF THESE CONDITIONS, PLEASE EXIT THIS WEB STORE AND DO NOT COMPLETE YOUR ORDER.

ELECTRONIC COMMUNICATIONS
When you visit Precor.com or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

YOUR ACCOUNT
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Precor does not sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use Precor.com only with involvement of a parent or guardian. Precor reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

 

THESE TERMS OF USE ARE SUBJECT TO CHANGE WITHOUT NOTICE

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