Terms & Conditions

NOTE: THIS SITE IS LOCATED IN THE UNITED STATES OF AMERICA, AND U.S. LAWS WILL APPLY

ACCEPTANCE OF TERMS THROUGH USE
By using this site, you signify your agreement to all terms, conditions, and notices contained or referenced herein. If you do not agree to these Terms of Use ("Terms") please do not use this site. GymyGym LLC reserves the right to change these Terms, and your continued use of this Web site constitutes agreement to all such changes. Please check the Terms periodically for changes.

USES OF THIS WEB SITE
All right, title and interest in this Web site and any content contained herein is the exclusive property of GymyGym LLC. except as otherwise stated. This Web site is intended for personal, non-commercial use. GymyGym LLC. grants you a limited license to access and make personal use of this site. You may print, copy and download any information or portion of this Web site for your personal use only. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools without express written consent from GymyGym LLC. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, frame, create derivative works from, transfer, or otherwise use in any other way for commercial or public purposes in whole or in part any information, software, products or services obtained from this Web site, except for the purposes expressly provided herein, without GymyGym LLC's prior written approval. You may not use any meta tags or any other "hidden text" utilizing GymyGym LLC's name or trademarks without the express written consent of GymyGym LLC. Any unauthorized use terminates the permission or license granted by GymyGym LLC. You are granted a limited, revocable, and nonexclusive right to create a hyperlink(s) to the home page(s) of the Sites so long as the link does not portray GymyGym LLC, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter.

Unauthorized use of this Web site and or any GymyGym LLC. systems, including, but not limited to, unauthorized entry into GymyGym LLC. systems, misuse of passwords or misuse of any other information, is strictly prohibited. You may not use this Web site in any manner that could damage, disable, overburden, or impair any GymyGym LLC. Sites or service or interfere with any other party's use and enjoyment of any GymyGym LLC. Sites or service. You may not attempt to gain unauthorized access to any GymyGym LLC. Sites or service, computer systems or networks connected to any GymyGym LLC. Sites or service, through hacking, password mining or any other means. You agree that you will not engage in any activities related to this Web site that are contrary to applicable laws or regulations.

GymyGym LLC. reserves the right, in its sole discretion, without any obligation and without any notice requirement, to change, improve or correct the information, materials and descriptions on this Web site and to suspend and/or deny access to this Web site for scheduled or unscheduled maintenance, upgrades, improvements or corrections. The information and materials on this Web site may contain typographical errors or inaccuracies. Any dated information is published as of its date only, and GymyGym LLC. does not undertake any obligation or responsibility to update or amend any such information. GymyGym LLC. may discontinue or change any product or service described in or offered on this Web site at any time.

DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY
The information, products and services on this Web site are provided on an "AS IS," and "AS AVAILABLE" basis. GymyGym LLC. does not warrant the information or services provided herein or your use of this Web site generally, either expressly or impliedly, for any particular purpose and expressly disclaims any implied warranties, including but not limited to, warranties of title, non-infringement, merchantability or fitness for a particular purpose. GymyGym LLC. will not be responsible for any loss or damage that could result from interception by third parties of any information or services made available to you via this Web site. Although the information provided to you on this Web site is obtained or compiled from sources we believe to be reliable, GymyGym LLC. cannot and does not guarantee the accuracy, validity, timeliness or completeness of any information or data made available to you for any particular purpose. Neither GymyGym LLC., nor any of its affiliates, directors, officers or employees, nor any third party vendor, will be liable or have any responsibility of any kind for any loss or damage that you incur in the event of any failure or interruption of this Web site, or resulting from the act or omission of any other party involved in making this Web site, the data contained herein or the products or services offered on this Web site available to you, or from any other cause relating to your access to, inability to access, or use of the Web site or these materials, whether or not the circumstances giving rise to such cause may have been within the control of GymyGym LLC. or of any vendor providing software or services. In no event will GymyGym LLC. or any such parties be liable to you, whether in contract or tort, for any direct, special, indirect, punitive, consequential or incidental damages, attorney fees, or any other damages of any kind even if GymyGym LLC. or any other such party has been advised of the possibility thereof. This limitation on liability includes, but is not limited to, the transmission of any viruses which may infect a user's equipment, failure of mechanical or electronic equipment or communication lines, telephone or other interconnect problems (e.g., you cannot access your internet service provider), unauthorized access, theft, operator errors, strikes or other labor problems or any force majeure. GymyGym LLC. cannot and does not guarantee continuous, uninterrupted or secure access to the Web site.

COPYRIGHT
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of GymyGym LLC. or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of GymyGym LLC. and protected by U.S. and international copyright laws. All software used on this site is the property of GymyGym LLC. or its software suppliers and protected by United States and international copyright laws.

TRADEMARKS
GymyGym, the Universal logo and other trademarks and service marks referenced herein are either registered trademarks and service marks or trademarks and service marks of GymyGym LLC. in the United States of America.

The names of other companies and marks used on third-party products or services mentioned herein may be registered trademarks and service marks or trademarks and service marks of their respective companies and/or owners.

You are prohibited from using any marks for any purpose including, but not limited to use as meta tags on other pages or sites on the World Wide Web without the written permission of GymyGym LLC. or such third party, which may own the marks.

If you copy or download any information or software from this Web site, you agree that you will not remove or obscure any copyright or other notices or legends contained in any such information.

LINKS
This Web site contains links to third party Web sites. These links are provided only as a convenience. The inclusion of any link is not and does not imply an affiliation, sponsorship, endorsement, approval, investigation, verification or monitoring by GymyGym LLC. of any information contained in any third party Web site. In no event shall GymyGym LLC. be responsible for the information contained on that site or your use of or inability to use such site. You should also be aware that the terms and conditions of such site and the site's privacy policy may be different from those applicable to your use of this Web site.

COOKIES AND CLEAR GIFS
We receive and store certain types of information whenever you interact with us. For example, like many Web sites, we use "cookies" and "clear gifs" to obtain certain types of information when your Web browser accesses one of our Sites, or when you are provided the opportunity to complete surveys, participate in a sweepstakes or other incentives, or open or respond to any newsletter or other e-mail you may have requested.

Briefly, "cookies" are small files that we transfer to your computer's hard drive or your Web browser memory to enable our systems to recognize your browser and to provide convenience and other features to you, such as recognizing you as an existing customer or previous Site visitor. "Clear gifs" are tiny graphics with a unique identifier, similar in function to cookies, and may be used to track the online movements of Web users or to let us know if you have opened an e-mail that we sent you.

Examples of the information we collect and analyze in this manner include the Internet protocol (IP) address used to connect your computer to the Internet; computer and connection information such as browser type and version, operating system, and platform; your behavior on our Web site and related services, including the products you view or searched for, as well as the URL you come from and go to next (whether this URL is on our site or not). The cookies and clear gifs that we use do not contain and are not tied to personally identifiable information about you.

You are always free to decline our cookies if your browser permits, although in that case you may not be able to participate in our surveys or incentives, purchase products, or take advantage of certain useful Site features.

RISK OF LOSS
All items purchased from GymyGym LLC. are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

PRODUCT DESCRIPTIONS
GymyGym LLC. and its affiliates attempt to be as accurate as possible. However, GymyGym LLC. does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by GymyGym LLC. itself is not as described, your sole remedy is to return it in unused condition.

PRICING
Except where noted otherwise, the Price displayed for products on our website represents the full retail price listed on the product itself, suggested by the manufacturer or supplier, or estimated in accordance with standard industry practice. The Price is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day. For certain items that are offered as a set, the Price may represent "open-stock" prices, which means the aggregate of the manufacturer's estimated or suggested retail price for each of the items included in the set. Despite our best efforts, a small number of the items in our catalog may be mispriced. If we discover a mispricing, we will do one of the following:

•     If an item's correct price is lower than our stated price, we will charge the lower amount and ship you the item.

•     If an item's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.

Please note that this policy applies only to products sold and shipped by GymyGym LLC.

INTERNATIONAL USE
The Site is controlled and operated by GymyGym LLC . from its headquarters in San Francisco, California, United States of America. If you access this Site from a location outside the United States of America, you do so on your own initiative and are responsible for compliance with all applicable laws of your jurisdiction. GymyGym LLC. makes no representation that materials on this site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws.

LIMITATION OF LIABILITY
GYMYGYM LLC. SHALL HAVE NO LIABILITY FOR ANY LOSS OR DAMAGE WHATSOEVER, INCLUDING BUT NOT LIMITED TO INCIDENTAL, PUNITIVE, CONSEQUENTIAL, ATTORNEY FEES, OR INDIRECT DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA AND THE LIKE) ARISING OUT OF THIS PRIVACY POLICY OR YOUR USE OF, OR INABILITY TO USE OR ACCESS THE SITE OR ANY CONTENT PROVIDED ON THE SITE OR DOWNLOADED FROM THE SITE, OR ANY DELAY IN USE OR ACCESS TO THE SITE OR CONTENT PROVIDED ON THE SITE OR ANY CLAIM ARISING FROM OR RELATING TO ERRORS, OMISSIONS OR INACCURACIES IN THE CONTENT PROVIDED ON THE SITE OR STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE, TO THE EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF GYMYGYM LLC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT WAIVING THE EXCLUSIVE GOVERNING LAW PROVISION SET FORTH HEREIN, SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THEREFORE THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, GYMYGYM LLCS' LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

THE LIMITATION OF LIABILITY SET FORTH ABOVE SHALL APPLY TO EVERY FORM OF ACTION, WHETHER IN CONTRACT, WARRANTY, STRICT LIABILITY, NEGLIGENCE OR OTHER TORT, AND SHALL SURVIVE ANY BREACH OF THE TERMS OR ANY AGREEMENT, OR THE FAILURE OF THE ESSENTIAL PURPOSE OF THE TERMS OR AN AGREEMENT OR ANY EXCLUSIVE REMEDY.

IN NO EVENT SHALL GYMYGYM LLC. LIABILITY EXCEED $50.00.

JURISDICTION
These Terms, as well as the Privacy Policy for this Site, and any dispute that may arise between you and GymyGym LLC., shall be governed by and construed in accordance with the laws of the State of California, U.S.A., without regard to conflict of laws principles. You consent to the exclusive jurisdiction and venue in the courts of San Francisco County, California, U.S.A. for any all disputes arising out of or relating to the Privacy Policy, Terms of Use and/or the Site.

Unless otherwise specified herein, these Terms and the Site's Privacy Policy constitute written agreements between you and GymyGym LLC. with respect to this site and supersedes all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and GymyGym LLC. with respect to this site. A printed version, and of any electronic notices pertaining to the same, shall be admissible in an judicial or administrative proceeding to the same extent, and subject to the same restrictions, as any other contract, document or record originally in printed form.

If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

If you choose to visit GymyGym LLC. Sites, your visit and any dispute over privacy is subject to these Terms and our Privacy Policy, including limitations on damages, arbitration of disputes, and application of the law of the state of California. If you have any concern about privacy at GymyGym LLC., please contact us with a thorough description, and we will try to resolve it.


Terms of Use last modified on February 25, 2010.