Updated September 1, 2018
All of Gymlete’s websites, software products, mobile apps, training classes, and any other services are collectively referred to as “Services” in this Agreement.
References to “we”, “us”, and “our” in this Agreement refer to GYMLETE, Inc. (“Gymlete”).
When we refer to “you” and “your” in this Agreement we mean any individual who is a user, visitor or unregistered guest of any of our Services, who holds an account or creates a profile for any of our Services, who completes a survey, questionnaire, application, or other form through our Services, or any individual who comments on, reviews, or otherwise posts any content on any of our Services or social media channels.
If you are acting on behalf of a company or other legal entity, you represent and warrant that you have the legal authority to bind that entity to this Agreement, and all references to “you” and “your” are referring to that entity.
- Intellectual Property
Our Services and all of our original content, features, and functionality are owned by Gymlete Inc. and are protected by U.S. and international copyright and trademark.
You agree to not copy, modify, translate, broadcast, perform, distribute, frame, reproduce, republish, download, display, post, transmit, or sell any intellectual property appearing on our Services, without the express written consent of Gymlete.
If you subscribe to a Gymlete Service, we grant you a limited, non-exclusive, non-transferrable license to access that Service.
If you order an iPad/kiosk from us, this hardware remains the property of Gymlete and is licensed to you for as long as you are using and paying for a Gymlete Service. Only our Services or our approved third-party content may be used on this hardware, unless otherwise approved by us in writing.
- Disclaimer of Warranties and Liabilities
As with any exercise program, it is advisable to consult with a physician before performing exercises and workouts using our Services. Gymlete is not liable for any injuries or damages resulting from use or misuse of our Services.
No guarantees are made with respect to results of any kind. Gymlete makes no express or implied warranties in connection with the Services.
- Limitations on Damages
In no event shall Gymlete, its partners, shareholders, officers, directors, employees, agents, licensors, advertisers, vendors, or suppliers be liable for any losses or damages (including, without limitation, damages for loss of data or profit, or due to business interruption) you may incur arising from the use or inability to use the materials or content provided through the Services, any permanent or temporary inaccessibility of the Services (or features thereof), deletion or corruption of, or failure to store or display, any content maintained or transmitted by or through the Services.
These limitations on Gymlete’s liability to you shall apply irrespective of whether Gymlete has been advised or should have known of the possibility of any such losses. In the event you live in a jurisdiction that does not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, Gymlete may only be liable for a sum equal to the fees paid by you for any of the Services.
- Revisions and Errata
Gymlete does not warrant that any of the materials or content on the Services are accurate, complete, or current. Gymlete may make changes to the materials or content contained in the Services at any time without notice.
- User Generated Content
Areas of our Services and our social media channels may allow you to post comments, likes, photos, videos, or other content (collectively, “User Generated Content” or “Content”). Gymlete is not responsible for the User Generated Content that individuals may post or display on or through the Services. However, once you post or submit your User Generated Content through or on our Services, you represent that you have all necessary rights, interest, and title to such Content and you grant Gymlete a non-exclusive, worldwide, perpetual, irrevocable, unrestricted, royalty-free, fully paid-up, transferrable license, with the right to sublicense, use, copy, reproduce, adapt, modify, translate, publish, publicly perform, display, distribute, digitally transmit, store, or perform such User Generated Content, and to further sell, modify, create derivative works from, or incorporate such Content into other works in any form, medium, or technology, whether now known or hereafter developed, in each case, for any purpose whatsoever, commercial or otherwise, without compensation to you.
- Relationship of the Parties. These Terms do not create a partnership, franchise, joint venture, agency, fiduciary, or employment relationship between the parties.
- By using the Services, you consent to our use of your company’s name, trademark, and logo to identify your company as one of our representative clients, on our website, social media pages and other electronic or printed promotional materials.
- No Waiver. The failure or delay of ours at any time to require performance of any provision of these Terms or to exercise any right provided for herein shall not be deemed a waiver of such provision or such right. All waivers must be in writing. Unless the written waiver contains an express statement to the contrary, no waiver by us of any breach of any provision of these terms or of any right provided for herein, shall be construed as a waiver of any continuing or succeeding breach of such provision, a waiver of the provision itself, or a waiver of any right under these Terms.
- If any provision of these Terms is held by a court of competent jurisdiction from which no appeal can be or is taken to be contrary to law, or invalid for any other reason, the provision shall be modified by the court so as to accomplish the intent and objectives of the parties to the fullest extent permitted by law and the remaining provisions of these Terms shall remain in effect. If the court is not able to craft such an alternative provision, then the remainder of these Terms shall be construed in a way that most closely reflects the original intent of the parties.
- You may not sell, assign, license or sublicense, or otherwise convey in whole or in part, by operation of law or otherwise, to any third party this Agreement or any rights granted under this Agreement.
- Governing Law. These Terms shall be governed by and construed in accordance with the laws of the State of Wisconsin and where applicable, the United States of America without regard to the principles of conflicts of law. The parties hereby consent to the jurisdiction of and venue in the Supreme Court of the State of Wisconsin, State of Wisconsin District Court, Waukesha County, or the United States District Court for the Eastern District of Wisconsin, Milwaukee Division. Furthermore, both parties hereby consent to have any claim litigated in such court and waive any and all defenses as to jurisdiction and venue. You hereby irrevocably waive to the fullest extent permitted by law any and all rights to trial by jury in any legal proceeding arising out of or relating to these Terms or the transactions contemplated hereunder.
- Force Majeure. Neither party shall be liable or deemed in default for any delay or failure in performance or interruption of service resulting directly or indirectly from acts of God, civil or military authority, acts of public enemy, war, riots, acts of terror, civil disturbances, insurrections, accidents, fire, explosions, earthquakes, floods, the elements or any other cause beyond our reasonable control.
- Survival of Limitations. All representations, warranties, indemnifications, and limitations of liability shall survive termination; any other obligations of the parties hereunder shall also survive, if they relate to the period before termination or if, by their terms, they would be expected to survive such termination. All obligations to pay any amounts owed prior to the effective date of termination will survive termination.