Terms and Conditions

TERMS OF USE

Effective Date:  May 23, 2018

This website (“Site”) is the property of Total Gym Fitness, LLC (“Company”). Please read these terms of use (“Terms”) before using this Site. Individuals must be 18 years of age or older to use this Site and you warrant that you are 18 years of age or older. By accessing and using this Site, you unconditionally agree to be bound by these Terms and all policies herein. If you do not agree to these Terms, do not access or use the Site. All users agree to be bound by any and all revisions to the Terms and you should periodically revisit this page to review these Terms.

Copyright and License

Copyright covers most of the contents of the site, including, without limitation, the design, source code, text, graphics, images, photographs, video and audio files, other files, and data (collectively, the “Content”), and the selection, arrangement, structure, coordination, and “look and feel” thereof are the property of Company, ALL RIGHTS RESERVED Copyright © 2018 Total Gym Fitness, LLC and/or its licensors. You are granted a limited, non-sublicensable right to access this Site and print the Content published on this Site for your personal, non-commercial, and informational use in accordance with the Terms herein. The foregoing license grant does NOT include the right for you to:

  • Publicly perform, display, or publish any Content on broadcast, digital media, or commercial print publications media, or make other derivative uses of the Site or the Content.
  • Sell, market, distribute, or make commercial use of the Site or any Content.
  • Use frame or framing techniques to enclose any portion of this Site (including the images, graphics, or video found at this Site, any text, or the layout/design of any page or form contained on a page).
  • Collect and/or use any Content including the use of any robots, data spiders, or similar data gathering, mining or extraction methods.

Except for the limited license granted to you, you are not conveyed any other right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or proprietary right of Company or any third party. 

Trademarks and Service Marks

Total Gym® and Total Gym TV™, and all other names, logos, and slogans or taglines used on the Site to identify our products or services, are all trademarks of Company (or its licensors). Unauthorized use, whether or not such use is tied to any commercial endeavors, is strictly prohibited. You may not use any metatags or any other “hidden text” utilizing Total Gym, Total Gym TV, or any other trademark of Company without our permission. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of Company and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned on the Site are the property of their respective owners. Reference to any third party products, services, processes, or other information by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.

Privacy

By using cookies and other methods, this Site automatically recognizes the user’s IP address and collects information on which pages are visited and other aggregate information. Static IP addresses are considered personal information. For mobile users accessing the Site, we automatically collect your Unique Device Identifier which is also considered personal information. However, the user cannot be recognized as a specific individual simply from a Static IP address or UDI. Company collects personally identifiable information volunteered by the user for promotions, e-commerce, or interactive elements. Company may share your personally identifiable information with authorized third parties in order for Company to provide its services to you, or to provide additional services to you. Company may also share its email, mailing, or telephone lists with other reputable organizations.  Company will not release credit card, financial or survey information to unauthorized third parties. For more information regarding Company’s privacy policy, please visit our privacy page tv.totalgymdirect.com/privacy.

Online Purchases

You must be 18 years of age (or the age of majority in your state) to purchase or subscribe to Company’s products or services. Company reserves the right to modify, suspend, or terminate any and all promotions, offers, or sales due to circumstances that may limit or otherwise restrict Company’s ability to fulfill an order including, but not limited to: (i) technical, hardware, or miscellaneous software malfunctions; viruses; network or electronic malfunctions of any kind; and (ii) any human error that may occur regarding promotions, offers, or sales.

Subscriptions; Automatic Renewal Terms

If you are placing an order with us as part of our subscription program, your participation will remain in effect until it is cancelled. We may, in our sole discretion, terminate your participation in the program at any time without notice to you. Subscription program is subject to change; notice will be provided for changes or price increases. IF YOU HAVE PROVIDED US WITH A VALID CREDIT CARD NUMBER OR AN ALTERNATE PAYMENT METHOD, EACH PAYMENT WILL BE AUTOMATICALLY PROCESSED IN MONTHLY INSTALLMENTS ON APPROXIMATELY THE SAME DATE EACH MONTH AND WILL BE BILLED TO THE PAYMENT METHOD YOU PROVIDED TO US AT THE TIME OF YOUR INITIAL ENROLLMENT. IF YOU WISH TO CANCEL YOUR PARTICIPATION IN OUR SUBSCRIPTION PROGRAM, YOU MAY DO SO AT ANY TIME BY CONTACTING A CUSTOMER SERVICE REPRESENTATIVE. You are obligated to provide current, complete, and accurate information for your billing account. You are responsible for promptly updating all information to keep your billing account current, complete, and accurate (e.g., change in billing address, credit card number, or credit card expiration date). You must promptly notify us if your credit card is cancelled or is no longer valid (e.g., loss or theft). Changes to such information can be made by contacting a customer service representative.  All requests for cancellations or changes must be in writing and submitted to Customer Service at totalgymtv@totalgymdirect.com or mailed to “Total Gym Customer Service, 835 Springdale Drive, Suite 206, Exton, PA  19341”. 

Third Party Links

Company may provide links to websites and other content of third parties as a service to those interested in this information. However, we make no claim or representation regarding, and accept no responsibility for, the quality, content, nature or reliability of websites accessible by hyperlink from this Site. The linked websites are not under our control and we are not responsible for their content. We are providing these links to you only as a convenience to you, and the inclusion of any link does not imply affiliation, endorsement, or adoption by us of the site or any information contained therein. When leaving this Site, you should be aware that our terms and policies no longer govern and, therefore, you should review the applicable terms and policies, including privacy and data gathering practices, of that website.

Fitness and Health Content; Assumption of Risk

You should always consult your physician, and follow all provided safety and other instructions, before beginning any workout program featured on the Site. The workout information and workout programs we provide are for informational purposes only do not replace the advice of a healthcare professional.

You expressly acknowledge and agree that your access to and use of the workouts provided on the Site may involve strenuous physical activities that may lead to bodily injury, death, loss of services, loss of consortium, or damage to or loss of property or privacy. You hereby acknowledge and willingly accept and assume these risks and agree to unconditionally release and hold harmless the Released Parties from and against all claims, suits, causes of action, costs, expenses or liability arising out of or related to your access to and/or use of the workout information and workout programs provided on the Site.

No Warranties

THIS SITE, AND THE CONTENT AND MATERIAL CONTAINED THEREIN, ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.  YOU EXPRESSLY AGREE THAT USE OF THIS SITE, INCLUDING ALL CONTENT OR DATA DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THIS SITE, IS AT YOUR SOLE RISK.  EXCEPT AS EXPRESSLY PROVIDED IN THE SITE, WE DISCLAIM ALL WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT RELATED TO THE INFORMATION, MATERIALS, CONTENT ON OR GOODS PURCHASED OR SUBSCRIBED TO THROUGH THE SITE.  WE DO NOT REPRESENT OR WARRANT THAT MATERIALS IN THIS SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE OR UNINTERRUPTED. WE DO NOT PROMISE THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. SOME STATES DO NOT ALLOW LIMITATIONS OR EXCLUSIONS ON WARRANTIES, SO THE LIMITATIONS ABOVE MAY NOT APPLY TO CERTAIN USERS. IN ANY SUCH JURISDICTION, THE ABOVE EXCLUSIONS AND LIMITATIONS SHALL INSTEAD BE IMPUTED AS REWRITTEN SO AS TO APPROXIMATE THE ABOVE EXCLUSIONS AND LIMITATIONS TO THE FULLEST EXTENT PERMISSIBLE BY THE LAWS OF SUCH JURISDICTION.

WE ARE NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO THE CONTENT OR MATERIAL, INCLUDING ANY SUCH ERRORS OR OMISSIONS RELATING TO PROMOTIONS, OFFERS, OR SALES ON THE SITE. WHILE WE ATTEMPT TO ENSURE THAT YOUR ACCESS AND USE OF THE SITE IS SAFE, WE CANNOT AND DO NOT REPRESENT OR WARRANT THAT THIS SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ALL USERS ACCESSING THIS SITE FROM OUTSIDE THE UNITED STATES OF AMERICA ASSUME FULL RESPONSIBILITY FOR COMPLIANCE WITH LOCAL LAWS, IF APPLICABLE.

 

Limitation of Liability

IN NO EVENT SHALL THE RELEASED PARTIES BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, ARISING FROM YOUR USE OF THE SITE, EVEN IF THE RELEASED PARTIES HAVE BEEN EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED ELSEWHERE IN THESE TERMS AND CONDITIONS, THE RELEASED PARTIES’ LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO COMPANY FOR ACCESS TO AND USE OF THE SITE.

  

Indemnification

In using this Site and/or purchasing or subscribing to Company’s Products or Services, users expressly waive any and all claims that they may have against Company. You agree to indemnify, defend, and hold the Released Parties harmless from and against all losses, expenses, damages and costs, including, without limitation, reasonable attorneys' fees, resulting from any violation of these Terms or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the Site using your account. You agree to be solely responsible for payment of all sums owing to any person or entity by virtue of the exhibition by you of any Materials and Information on the Site.

Arbitration

Except to the extent pre-empted by federal or other applicable state law, the Terms shall be governed by the laws of the Commonwealth of Pennsylvania, without giving effect to any conflict of law provisions thereof.  Users agree that all claims, disputes or controversies shall be resolved by final and binding arbitration in the County of Chester, Commonwealth of Pennsylvania. You and Company are agreeing to forego any rights to litigate claims in a court or before a jury or to participate in a class action or representative action with respect to a claim. Other rights that you would have if you went to court, such as access to discovery, may also be unavailable or may be limited in arbitration. This arbitration contract is made pursuant to a transaction in interstate commerce and its interpretation, application, enforcement and proceedings hereunder shall be governed by the federal arbitration act (“FAA”), and conducted by Judicial Arbitration and Mediation Services, Inc. (“JAMS”), in accordance with the JAMS arbitration rules. The tribunal will consist of one arbitrator. The prevailing party shall be entitled to an award of its reasonable attorneys’ fees and actual costs incurred in such action. The arbitrator shall be bound to apply the Terms of Use and the arbitrator’s decision will be final, binding, and enforceable in a court of competent jurisdiction. Neither user nor Company shall be entitled to join or consolidate claims in arbitration by or against other consumers or arbitrate any claim as a representative or member of a class.

Further, in any such dispute, under no circumstances will users be permitted to obtain awards for, and they hereby waive all rights to claim, punitive, incidental or consequential damages (including reasonable attorneys' fees and costs), other than actual out-of-pocket expenses, and they further waive all rights to have damages multiplied or increased. You agree that the only damages to which you will be entitled shall be your actual damages associated with the Terms, subject to the limitations as set forth in Limitation of Liability above.

You may opt out of the arbitration provision contained in this agreement. You acknowledge and understand that this opt-out provision is only effective in the event you notify Company in writing at totalgymtv@totalgymdirect.com within 30 calendar days from the date of first use of the Site.

Miscellaneous

If any of the provisions of these Terms are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited to the minimum extent necessary and replaced with a valid provision that best embodies these Terms.

Digital Millennium Copyright Act

Company provides the Site as an interactive service provider and is not liable for any or all claims resulting from the use of Material or Information.  Pursuant to the Digital Millennium Copyright Act, if a user feels unauthorized Material or Information has been posted on this Site, please notify us by mail at 835 Springdale Drive, Suite 206, Exton, PA  19341 attention Copyright Department, or by email at totalgymtv@totalgymdirect.com with the subject line stating “Copyright.”  The DMCA notice MUST include the following: (i) a detailed description of the alleged infringement; (ii) the copyright owner’s name or who otherwise retains authorized use; (iii) the URL(s) where the alleged infringement can be located; (iv) a statement indicating your authorization to file a DMCA complaint; (v) how you may be contacted; and (vi) the following statement:  

I have a good faith belief that use of the copyrighted material described above is not authorized by the copyright owner or its agent, nor is such use otherwise permissible under law.  I declare, under penalty of perjury, that the information presented herein is accurate, that I am authorized to represent the copyright holder, and I have a good faith belief that the use is infringing.

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