Meet the Elite Gymflex E-Trainer Team

TERMS AND CONDITIONS OF USE

We have taken every effort to design our Web site to be useful and informative. Hopefully we've accomplished that -- and would ask that you let us know if you would like to see improvements or changes that would make it even easier for you to use and navigate.

All we ask is that you agree to abide by the following Terms and Conditions. Take a few minutes to look them over because by using our sites you automatically agree to them, if you don't agree, please click don’t agree and return to home page and do not use the services. 

THIS IS A LEGALLY BINDING AGREEMENT. IF YOU DO NOT UNDERSTAND THIS AGREEMENT, OR DO NOT AGREE TO BE BOUND BY IT OR THE PRIVACY POLICY, YOU MUST IMMEDIATELY LEAVE THE SITE AND CEASE USING THE SERVICES.

YOU AGREE THAT BY USING THE SERVICE YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD AND THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT

We reserve the right to make any modifications that we deem necessary at any time. We may, from time to time, without notice, update or revise the Terms of Service. If we update or revise the Terms of Service, we will notify you either by email to your most recently-provided e-mail address, or by posting the updated or revised Terms of Service on the Site. Your use of the Site following any such update or revision constitutes your agreement to follow and be bound by the Terms of Service as updated or revised. You can view the most current Terms of Service at any time by clicking on the Terms of Service link at the bottom of the Site’s home page. It is your responsibility to review the Terms of Service periodically.

MEDICAL DISCLAIMER

Please consult with a physician before starting this or any other exercise/rehab program. Use of the product and/or program is at your own risk. You must read all safety, health warnings and correct operating procedures in the owner’s manual provided prior to use of the product or the program. If you lost or misplaced your owner’s manual you can call customer service for a replacement or download an electronic copy of it from the contact us page on our website. The Company’s products used in conjunction with the services provided and other Content available on the Site are not an attempt to practice medicine or provide specific medical advice. Use of this site does not establish a doctor-patient relationship. Any health information and/or links on the Site, whether provided by the Company or by contract from outside providers, is provided simply for your convenience. 

RESTRICTIONS ON USE OF ONLINE MATERIALS AND SITE CONTENT

You are on notice that all materials displayed or performed on the Site (including, but not limited to text, graphics, games, applications, news articles, photographs, images, illustrations, audio clips and video clips, collectively, the “Content”) may constitute our intellectual property and accordingly would be protected by copyright and/or trademark, pursuant to U.S. laws, international conventions, and other laws. The Site and the Content may only be used in accordance with the Terms of Service. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce (unless otherwise provided in the Terms of Service), create derivative works based on, distribute, perform, display, or in any way exploit, any of the Content, software, materials, or Services in whole or in part. Your use or access of the Site does not grant you any rights in or to the intellectual property of the Company or any third-party. 

All materials contained on our web sites ("Online Material") are the copyrighted property of Gymflex Fitness LLC.  All Patents, trademarks, service marks, and trade names are proprietary to Gymflex Fitness LLC. Your use or access of the Site does not grant you any rights in or to the intellectual property of the Company or any third-party. No Online Material from our web sites may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy of the materials on any single computer for your personal, non-commercial home use only, provided that you 1) retain all copyright, trademark and propriety notices, 2) you make no modifications to the materials, 3) you do not use the materials in a manner that suggests an association with any of our products, services, events or brands, and 4) you do not download quantities of materials to a database, server, or personal computer for reuse for commercial purposes. You may not, however, copy reproduce, republish, upload, post, transmit or distribute our Online Material in any way or for any other purpose unless you get our written permission first. Neither may you add, delete, distort or misrepresent, or quote any content on the sites. Attempts to modify any Online Material, or to defeat or circumvent our security features are prohibited. You agree not to crack or attempt to crack the Site’s flash (.SWF) files. You understand that all patterns, logarithms, algorithms, and data in the Site’s flash files, and in the servers driving the flash files, are Company’s proprietary information and constitute “trade secret” as defined, without limitation, in the Uniform Trade Secrets Act. 

Everything you download, any software, plus all files, all images, still or video in any format incorporated in or generated by the software, and all data accompanying it, is considered licensed to you by Gymflex Fitness LLC for your personal, non-commercial home use only. We do not transfer title of the software to you. That means that we retain full and complete title to the software and to all of the associated intellectual-property rights. You're not allowed to redistribute or sell the material or to reverse-engineer, disassemble or otherwise convert it to any other form that people can use. 

REGISTRATION

When you finish the registration process, you officially become a Subscriber of the Gymflex Fitness online e-trainer program. Your membership allows you access to certain Content and Services on the Site. You are required to provide Gymflex Fitness, LLC with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of the Terms of Service, which may result in immediate termination of your Account(s).

Subscriber may not (i) select or use as a Gymflex User ID a name of another person with the intent to impersonate that person or (ii) use as a Gymflex User ID a name subject to any rights of a person other than Subscriber without appropriate authorization. Gymflex Fitness, LLC reserves the right to refuse registration of, or cancel a User ID in its discretion. Also, Subscriber shall be solely responsible for maintaining the confidentiality of passwords to Subscriber's Account(s).

You are solely responsible for all activity on your Account(s) and for the security of your computer systems. You agree to indemnify and hold Gymflex Fitness, LLC harmless for any improper or illegal use of your Account(s) including but not limited to illegal or improper use by someone who has received permission to use your Account(s). Your Account(s) is / are subject to termination if you or anyone using your Account(s) violates the Terms of Service.

SUBSCRIPTION FEES, PAYMENT AND TRIAL MEMBERSHIPS

Some of the Services require payment of fees. Subscriber shall pay all applicable fees, as described on the Site in connection with such Services selected by Subscriber. Gymflex Fitness, LLC reserves the right to change its price list and to institute new charges at any time, upon thirty 30) days prior notice to Subscriber, which may be sent by email or posted on the Site. Use of the Services by Subscriber following such notification constitutes Subscriber's acceptance of any new or increased charges or other changes. If any such new or increased charges or other changes are unacceptable to you, you may cancel your subscription at any time by accessing the “Your Account” link on the site. However, Gymflex Fitness, LLC is not obligated to refund any fees that have accrued to your Account(s) before the cancellation. Additionally, the Company will not prorate fees for any subscription.

Fees may be based on one-time, month to month or subscription payments as more fully described on the Site. You may pay the subscription fees with a valid credit card that is under your own name or that you are authorized to use for such purpose. Recurring subscription fees paid by credit card will automatically renew, unless you affirmatively cancel your subscription by prior to the beginning of the next applicable period for which the subscription corresponds. For each month that your subscription is active, you acknowledge and agree that Gymflex Fitness, LLC is authorized to charge the same credit card for the subscription fee. You agree to promptly notify Gymflex Fitness, LLC of any changes to your credit card while any subscriptions remain outstanding.

You are responsible for all applicable fees and charges incurred, including applicable taxes, and all subscriptions made by you or by anyone that has used your Account(s), including your family or household members.

From time to time, we may offer a free trial membership or other promotions. If you accept a free trial membership or a promotion, we will begin to bill your credit card at the conclusion of the free trial or according to the terms and conditions outlined in the promotion. If you do not wish to be charged, you should cancel your Account(s) prior to the end of the trial period or in accordance with the applicable promotion rules.

ACCESS TO THE SERVICES

Subject to these Terms of Service, Gymflex Fitness, LLC may offer to provide certain Services as are selected by Subscriber through the process provided on the Site, solely for Subscriber’s own personal use, and not for the use or benefit of any third party. Services shall include, but not be limited to, any services Gymflex Fitness, LLC performs for Subscriber, as well as the offering of any content on the Site. Gymflex Fitness, LLC may change, suspend or discontinue the Services at any time, including the availability of any feature, database, or content. Gymflex Fitness, LLC may also impose limits on certain features and Services or restrict Subscriber’s access to parts or all of the Services without notice or liability. 

Subscriber also certifies that if Subscriber is an entity, all users of Subscriber’s username and password are at least 18 years of age. Likewise, if Subscriber is an entity, you certify that you are authorized to establish an Account(s), access, and use the Site and enter into and pay for any subscriptions on behalf of the Subscriber. You also certify that you are legally permitted to use the Services and access the Site, and take full responsibility for the selection and use of the Services and access to the Site. The Terms of Service are void where prohibited by law, and the right to access the Site and Services are revoked in such jurisdictions.

Subscriber shall be responsible for obtaining and maintaining any equipment or ancillary services needed to connect to, access the Site or otherwise use the Services, including, without limitation, modems, hardware, software, internet service and long distance or local telephone service. Subscriber shall be solely responsible for ensuring that such equipment or ancillary services are compatible with the Services. 

CONSENT TO RECEIVE EMAIL

If you register to use the Site and Services, you hereby consent to receive periodic newsletters and other types of email communications from Gymflex Fitness, LLC including customer service issues, new product offers and other matters. You may choose to opt out of certain newsletter and announcement email correspondence; however, Gymflex Fitness, LLC reserves the right to email you at any time regarding issues related to your account and your use of the Site and Service.

LICENSE

In consideration for your agreement to the Terms of Service, Gymflex Fitness, LLC grants you a personal, non-exclusive, non-sub licensable, non-transferable, revocable license to access and make personal use the Site and related Content subject to the terms and conditions set forth in the Terms of Service or such other terms and conditions as may be set forth on the Site.

SUBMITTING YOUR ONLINE MATERIAL TO US 

All remarks, suggestions, ideas, graphics, comments, pictures, videos, testimonials or other information that you send to Gymflex Fitness LLC through our sites (other than information we promise to protect under our Privacy Policy), becomes and remains our property, even if this agreement is later terminated. 

That means that such submissions are not treated as confidential. If we use them, or one similar in nature, we are not obligated to pay you or anyone else for them. We will have the exclusive ownership of all present and future rights to submissions of any kind. We can use them for any purpose we deem appropriate to our mission, without compensating you or anyone else for them. 

You acknowledge that you are responsible for any submission you make. This means that you (and not we) have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright. 

TERMINATION AND REFUND POLICY

You may terminate or suspend services at any time by notifying customer service. Gymflex Fitness, LLC may also terminate or suspend any and all Services and access to the Site immediately, without prior notice or liability, if, in its sole judgment Subscriber breaches any of the terms or conditions of the Terms of Service. Any fees paid or accrued hereunder are non-refundable. You acknowledge that the Gymflex Fitness, LLC is not required to provide you notice before it so terminates your Account(s).

USE OF THE BLOG

By posting a message, uploading a file, or engaging in any other form of communication via the blog or the Site, you are granting Gymflex Fitness, LLC a perpetual, royalty-free and irrevocable right and license to use, reproduce, modify, adapt, publish, translate, distribute, transmit, publicly display, publicly perform, sublicense, create derivative works from, transfer, and sell any such plan, opportunity, messages, files or communications. You additionally agree to abide by the following rules in connection with your use of the blog area of the Site:

• not to defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others. 
• not to impersonate any person or entity, including, for example, a Company employee or officer, a Site leader, or falsely state or otherwise misrepresent your affiliation with a person or entity. 
• not to post messages that contain material that is inappropriate, profane, defamatory, infringing, obscene, or indecent. This includes any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party. You agree to give attribution to others when you quote or paraphrase materials owned by others. 
• not to upload files, or cause Subscribers to upload files, that contain viruses, corrupted files, or any other similar software or programs that may adversely affect the operation of another's computer. 
• not to conduct contests, distribute chain letters, or conduct “pyramid schemes” or “multi-level marketing schemes.” 
• not to violate any applicable local, state, national or international law in connection with your use of the blog area. 

If you suspect that anyone is violating the above rules, you may report your concerns to: 

RESTRICTIONS

Subscriber is solely responsible for all of its activity in connection with the Services and accessing the Site. Any fraudulent, abusive, illegal or otherwise inappropriate activities are grounds for termination of Subscriber’s right to Services or to access the Site. Subscriber may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any other Subscriber.

WARRANTY DISCLAIMER

To the maximum extent permitted by law, company and its parents, subsidiaries, affiliates, officers and/or employees expressly disclaim any and all warranties, express or implied, regarding the site, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose, or no infringement. User agrees that use of the site and services are at his/her/its own sole risk and that the services, content, site and any software are provided on an "as is" basis, without warranties of any kind, either express or implied. The company maintains the site on a commercially reasonable basis and does not guarantee that you will have access to the site. The information and services may contain bugs, errors, problems or other limitations. You agree that your use of the site and services is at your sole risk. you will not hold company responsible for any damage that results from your access to or use of (or loss of access to or loss of use of) the site, including without limitation any damage to any of your computers or data. You expressly acknowledge that you have no right, based in property or otherwise, to any data created through or generated by your access to or use of the site and/or services. You acknowledge there is a risk of data loss, including catastrophic disk failure which could result in a loss of all data. You agree that you will not hold company responsible for any damage that result from such loss.

LIMITATION OF LIABILITY

In no event shall Gymflex Fitness, LLC or its parents, subsidiaries, affiliates, officers and/or employees be liable with respect to the site or the services for (i) any amount in the aggregate in excess of the fees paid by subscriber therefore; (ii) lost profits, lost data, or failure to meet any duty including without limitation good faith and reasonable care arising out of your access to or use of the site; or (iii) any indirect, incidental, punitive, special, exemplary, or consequential damages of any kind whatsoever. Gymflex Fitness, LLC does not endorse, warrant or guarantee any third party product or service offered through the site and will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services.

You agree that this limitation of liability represents a reasonable allocation of risk and is a fundamental element of the basis of the bargain between company and you. You understand that the site and services would not be provided without such limitations.

Gymflex Fitness, LLC will not be liable for any damages or injury that accompany or result from your use of any of its sites.
These include (but are not limited to) damages or injury caused by any: 

• Use of (or inability to use) the sites 
• Use of (or inability to use) any site to which you hyperlink  
• Failure of our sites to perform in the manner you expected 
• Error or omission on our sites 
• Interruption of availability of our sites 
• Defect on our sites 
• Delay in operation or transmission of our sites 
• Computer virus or line failure 
• Please note that we are not liable for any damages, including but not limited to: 
  • Damages intended to compensate someone directly for a loss or injury 
  • Damages reasonably expected to result from a loss or injury (known in legal terms as "consequential damages.") 
  • Other miscellaneous damages and expenses resulting directly from a loss or injury (known in legal terms as "incidental damages.") 

Exception: certain state laws may not allow us to limit or exclude liability for these "incidental" or "consequential" damages. If you live in one of those states, the above limitation would not apply which would mean that you might have the right to recover these types of damages.

However, in any event, our liability to you for all losses, damages, injuries, and claims of any and every kind (whether the damages are claimed under the terms of a contract, or claimed to be caused by negligence or other wrongful conduct, or they're claimed under any other legal theory) will not be greater than the amount you paid to access our sites.

LIQUIDATED DAMAGES

You acknowledge and agree that it would be difficult to ascertain the exact amount of damages Gymflex Fitness, LLC would suffer as the result of the theft of Content, especially if stolen Content is exploited for commercial use on a website or any other digital medium. Therefore, you agree that, in the event you steal, copy without authorization or otherwise misappropriate Content, Gymflex Fitness, LLC is entitled to recover from you liquidated damages for each application that is stolen, copied without authorization or otherwise misappropriated. You agree that this amount represents a reasonable, minimal, estimate of the damage that Gymflex Fitness, LLC would suffer but does not in any way limit actual damages, if so pursued. Any action by Gymflex Fitness, LLC to enforce this section shall not be deemed a waiver of Gymflex Fitness, LLC’s right to pursue, Gymflex Fitness, LLC’s sole discretion, any and all other remedies available to it under this agreement or by law.

INDEMNITY

Subscriber will indemnify and hold Gymflex Fitness, LLC, its parents, subsidiaries, affiliates, officers and/or employees, harmless, including by paying costs and attorneys' fees, from any claim or demand made by any third party due to or arising out of Subscriber’s access to the Site, use of the Services, the violation of the Terms of Use by Subscriber, or the infringement by Subscriber, or any third party using the Subscriber's Account(s), of any intellectual property or other right of any person or entity.

SEVERABILITY; WAIVER

If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and shall be limited or eliminated to the minimum extent necessary so that the Terms of Service shall otherwise remain in full force and effect and enforceable. The remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.

JURISDICTION 

Unless otherwise specified, the Online Materials on our sites are presented to provide information, resources, training and guidance for physical fitness and well being. Gymflex Fitness LLC was organized under the laws of Delaware, in the United States of America. If you use our sites from locations outside of the United States, you are responsible for compliance with any applicable laws. These Terms of Use, and the agreement they create, shall be governed by and interpreted according to the laws of the State of Delaware (without applying the state's conflict-of-law principles.) Gymflex Fitness LLC may modify these Terms of Use, and the agreement they create, at any time, simply by updating this posting and without notice to you. 

MISCELLANEOUS

The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. Gymflex Fitness, LLC shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Gymflex Fitness, LLC’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including "line-noise" interference). Gymflex Fitness, LLC may freely assign the Terms of Service. 

Both parties agree that the Terms of Service are the complete and exclusive statement of the mutual understanding of the parties and supersede and cancel all previous written and oral agreements, communications and other understandings relating to the subject matter of the Terms of Service, and that all modifications hereto must be in a writing signed by both parties, except as otherwise provided herein. If there is any conflict between the Terms of Service and any additional terms, conditions, and rules posted by Gymflex Fitness, LLC on the Site, Gymflex Fitness, LLC shall resolve the conflict in its sole discretion. No agency, partnership, joint venture, or employment is created as a result of the Terms of Service and you does not have any authority of any kind to bind Gymflex Fitness, LLC in any respect whatsoever.