Terms of Use
Welcome to the Pro Gym Equipment website (https://www.progymequipmentusa.com/”). Pro Gym Equipment provides services to you subject to the notices, terms, and conditions set forth in this agreement (the “Agreement”). In addition, when you use any of our services (e.g., Customer Reviews), you will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they are incorporated into this Agreement by this reference. We reserve the right to change this Site and these terms and conditions at any time. ACCESSING, BROWSING, OR OTHERWISE USING THE SITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS IN THIS AGREEMENT, SO PLEASE READ THIS AGREEMENT CAREFULLY BEFORE PROCEEDING.
Use of Site
You represent and warrant that you are at least 18 years old or visiting the Site under the supervision of a parent or guardian. Subject to the terms and conditions of this Agreement, we hereby grant you a limited, revocable, non-transferable, and non-exclusive license to access and use the Site by displaying it on your internet browser only for the purpose of shopping for items sold on the Site and not for any commercial use or use on behalf of any third party, except as explicitly permitted by us in advance. Any breach of this Agreement shall result in the immediate revocation of the license granted in this paragraph without notice to you.
Except as permitted in the paragraph above, you may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile, or otherwise exploit this Site or any portion of it unless expressly permitted by us in writing. You may not make any commercial use of any of the information provided on the Site or make any use of the Site for the benefit of another business unless explicitly permitted by us in advance. We reserve the right to refuse service, terminate accounts, and/or cancel orders at our discretion, including, without limitation, if we believe that customer conduct violates applicable law or is harmful to our interests.
You shall not upload to, distribute, or otherwise publish through this Site any content, information, or other material that (a) violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person; (b) is libelous, threatening, defamatory, obscene, indecent, pornographic, or could give rise to any civil or criminal liability under U.S. or international law; or (c) includes any bugs, viruses, worms, trap doors, Trojan horses, or other harmful code or properties.
Content provided on this Site is solely for informational purposes. It is your sole responsibility to consult a licensed physician or qualified health-care professional for advice, diagnosis, and/or treatment of any health-related condition or to ensure that you are well enough for physical activities. Submissions or opinions expressed on this Site are those of the individual expressing such submission or opinion and may not reflect our opinions. Product representations expressed on this Site of products that are not manufactured by Pro Gym Equipment are those of the vendor and are not made by us.
We may assign you a password and account identification to enable you to access and use certain portions of this Site. Each time you use a password or identification, you will be deemed to be authorized to access and use the Site in a manner consistent with the terms and conditions of this Agreement, and we have no obligation to investigate the authorization or source of any such access or use of the Site. YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THIS SITE BY ANYONE USING THE PASSWORD AND IDENTIFICATION ORIGINALLY ASSIGNED TO YOU WHETHER OR NOT SUCH ACCESS TO AND USE OF THIS SITE IS ACTUALLY AUTHORIZED BY YOU, INCLUDING WITHOUT LIMITATION ALL COMMUNICATIONS AND TRANSMISSIONS AND ALL OBLIGATIONS (INCLUDING WITHOUT LIMITATION FINANCIAL OBLIGATIONS) INCURRED THROUGH SUCH ACCESS OR USE. You are solely responsible for protecting the security and confidentiality of the password and identification assigned to you. You shall immediately notify us of any unauthorized use of your password or identification or any other breach or threatened breach of this Site’s security.
We include content from YouTube, a third-party service. By using such content you agree to YouTube’s independent Terms of Service and Privacy Policy.
Reviews & Comments
Except as otherwise provided elsewhere in this Agreement or on the Site, anything that you submit or post to the Site and/or provide to us, including without limitation ideas, know-how, techniques, questions, reviews, comments, and suggestions (collectively, “Submissions”), is and will be treated as non-confidential and non-proprietary, and we shall have the royalty-free, worldwide, perpetual, irrevocable, and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, create derivative works from such Submissions by any means and in any form, and to translate, modify, reverse-engineer, disassemble, or decompile such Submissions. All Submissions shall automatically become our sole and exclusive property and shall not be returned to you.
In addition to the rights applicable to any Submission, when you post comments or reviews to the Site, you also grant us the right to use the name that you submit with any review, comment, or other content, if any, in connection with such review, comment, or other content. You represent and warrant that you own or otherwise control all of the rights to the reviews, comments, and other content that you post on this Site and that use of your reviews, comments, or other content by us will not infringe upon or violate the rights of any third party. You shall not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any Submissions or content. We may, but shall not be obligated to, remove or edit any Submissions (including comments or reviews) for any reason.
Intellectual Property
All text, graphics, button icons, images, audio clips, and software (collectively, “Content”) belong exclusively to Pro Gym Equipment, its affiliates, or are being used by Pro Gym Equipment under license. The collection, arrangement, and assembly of all Content on this Site (the “Compilation”) belong exclusively to Pro Gym Equipment or its affiliates. All software used on this Site (the “Software”) is the property of Pro Gym Equipment, its affiliates, or its software suppliers. The Content, the Compilation, and the Software are all protected by U.S. and international copyright laws. PRO GYM EQUIPMENT (& design), PRO GYM (& design), the Pro Gym Equipment logo (& design), and other logos, slogans, trade names, or words are registered trademarks, trademarks, or service marks of Pro Gym Equipment, its affiliates, suppliers, or third parties. The use of any of our trademarks or service marks without our express written consent is strictly prohibited. You may not use our trademarks or service marks in connection with any product or service in any way that is likely to cause confusion. You may not use our trademarks or service marks in any manner that disparages or discredits us. You may not use any of our trademarks or service marks in meta tags without prior explicit consent.
Privacy Policy
Please review our Privacy Policy, which also governs your visit to this Site, to understand our practices. Read our Privacy Policy.
Shipping & Delivery
Estimated delivery windows shown at checkout are non-binding; actual delivery may range from a few days up to 40 business days from the date of dispatch. Lead-times depend on product availability, payment verification, and the carrier’s route. Delivery may be delayed due to, without limitation:
• carrier backlogs, routing errors, or missed scans;
• customs inspections, import/export documentation, or governmental holds;
• severe weather, natural disasters, or other force-majeure events;
• seasonal volume peaks (e.g., holidays, sales promotions);
• incomplete or inaccurate delivery address, recipient unavailability, or address changes after dispatch;
• strikes, labor shortages, transportation disruptions, or other circumstances beyond Pro Gym Equipment’s reasonable control.
Pro Gym Equipment is not liable for direct or indirect loss caused by delivery delays arising from the above or similar circumstances.
Risk of Loss; Use of Account
The risk of loss and title for items purchased by you pass to you upon our delivery of the items to the carrier. If you use a Pro Gym Equipment account, 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. Pro Gym Equipment does 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 the Pro Gym Equipment services only with involvement of a parent or guardian. Pro Gym Equipment reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
Termination & Effect of Termination
In addition to any other legal or equitable remedies, we may, without prior notice to you, immediately terminate this Agreement or revoke any or all of your rights granted under this Agreement. Upon any termination of this Agreement, you shall immediately cease all access to and use of the Site, and we shall, in addition to any other legal or equitable remedies, immediately revoke all password(s) and account identification issued to you and deny your access to and use of this Site in whole or in part. Any termination of this Agreement shall not affect the respective rights and obligations (including, without limitation, payment obligations) of the parties arising before the date of termination.
International Access
This Site may be accessed from countries other than the United States. This Site may contain products or references to products that are not available outside the United States. Any such references do not imply that such products will be made available outside the United States. If you access and use this Site outside the United States you are responsible for complying with your local laws and regulations.
Disclaimer and Limitation of Liability
EXCEPT AS OTHERWISE SET FORTH ON THIS SITE, INCLUDING WITHOUT LIMITATION THE PRODUCT DESCRIPTIONS OF SPECIFIC PRODUCTS, THIS SITE, THE PRODUCTS OFFERED FOR SALE ON IT, AND THE TRANSACTIONS CONDUCTED THROUGH IT ARE PROVIDED BY US ON AN “AS IS” BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, TITLE, QUIET ENJOYMENT, DATA ACCURACY, AND SYSTEM INTEGRATION. THIS SITE MAY INCLUDE INACCURACIES, MISTAKES, OR TYPOGRAPHICAL ERRORS. WE DO NOT WARRANT THAT THE CONTENT WILL BE UNINTERRUPTED OR ERROR FREE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL, OR CONSEQUENTIAL DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL LIABILITY TO YOU FOR ANY DAMAGES (REGARDLESS OF THE FOUNDATION FOR THE ACTION) SHALL NOT EXCEED IN THE AGGREGATE THE AMOUNT OF FEES ACTUALLY PAID BY YOU TO US DURING THE MONTH IMMEDIATELY PRECEDING THE ACT ALLEGEDLY GIVING RISE TO OUR LIABILITY.
Typographical Errors
In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, we shall have the right to refuse or cancel any orders placed for products listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we shall immediately issue a credit to your credit-card account in the amount of the charge.
Links
This Site may contain links to other sites on the Internet that are owned and operated by third parties. You acknowledge that we are not responsible for the operation of or content located on or through any such site.
Copyright Complaints
We respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow our Notice and Procedure for Making Claims of Copyright Infringement located at the bottom of this page.
Remedies
You agree that our remedy at law for any actual or threatened breach of this Agreement would be inadequate and that we shall be entitled to specific performance or injunctive relief, or both, in addition to any damages that we may be legally entitled to recover, together with reasonable expenses of any form of dispute resolution, including, without limitation, attorneys’ fees.
No right or remedy of ours shall be exclusive of any other, whether at law or in equity, including without limitation damages, injunctive relief, attorneys’ fees, and expenses.
No instance of waiver by us of our rights or remedies under these terms and conditions shall imply any obligation to grant any similar, future, or other waiver.
Applicable Law
This Site is created and controlled by us in the State of Michigan, USA. As such, the laws of the State of Michigan will govern these disclaimers, terms, and conditions, without giving effect to any principles of conflicts of laws.
Disputes
Any dispute relating in any way to your visit to the Site or to the products you purchase through the Site shall be submitted to confidential arbitration in White Pigeon, Michigan, except that to the extent you have in any manner violated or threatened to violate our intellectual-property rights, we may seek injunctive or other appropriate relief in any state or federal court in the State of Michigan. You hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the state and federal courts of Michigan. Arbitration under these Terms of Use shall be conducted pursuant to the Commercial Arbitration Rules then prevailing at the American Arbitration Association. The arbitrator’s award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class-action proceedings or otherwise. You agree that, regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to, or connected with the use of the Site or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever banned.
Severability
If any of these provisions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining provision.
Our Address
Pro Gym Equipment
14998 W Chicago Rd
White Pigeon,
MI 49099 United States
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our copyright agent the written information specified below. Please note that this procedure is exclusively for notifying Pro Gym Equipment and its affiliates that your copyrighted material has been infringed.
• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
• A description of the copyrighted work that you claim has been infringed upon;
• A description of where the material that you claim is infringing is located on the Site;
• Your address, telephone number, and e-mail address;
• A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
• A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Our Copyright Agent for notice of claims of copyright infringement on this Site is:
Pro Gym Equipment
Attn: Intellectual Property
14998 W Chicago
Rd White Pigeon,
MI 49099 United States
progymequipmentinternational@gmail.com
Pro Gym Equipment App Terms of Use
Applicable from: 20 November 2018.
The following terms of service and end-user license agreement (“EULA”) constitute an agreement between you and Pro Gym Equipment and its affiliates. This EULA governs your use of the Software and Services (as specified below). By installing or using the Software you agree to be bound by the terms of this EULA. If you do not accept the terms of this EULA, do not install, use, or access the Software.
For purposes of this EULA, “Software” means the Pro Gym Equipment mobile-application software and all data or content that is accessed or utilized by the Pro Gym Equipment mobile application software. Software also includes updates and upgrades as well as accompanying manual(s), packaging, and other written, file, electronic, or on-line materials or documentation, and any and all copies of such software and its materials (collectively, the “Services”).
THE SOFTWARE IS LICENSED, NOT SOLD. YOUR USE OF THE SOFTWARE IS SUBJECT TO THE TERMS AND CONDITIONS SET FORTH IN THIS EULA. BY INSTALLING, USING, OR ACCESSING THE PRO GYM EQUIPMENT SOFTWARE OR SERVICES, OR ANY MATERIALS INCLUDED IN OR WITH THE PRO GYM EQUIPMENT SOFTWARE, YOU HEREBY ACCEPT THE TERMS OF THIS EULA.
1. Licenses
SOFTWARE LICENSE. Subject to this EULA and its terms and conditions, Pro Gym Equipment hereby grants you a non-exclusive, non-transferable, non-sublicensable, limited right and license to use one copy of the Software for your personal, non-commercial use on a single iPhone, iPod touch, or iPad you own, and to maintain a single copy as backup on your personal computer, solely in machine-executable code and solely for your personal use. The rights granted herein are subject to your compliance with this EULA. The Software is being licensed to you, and you hereby acknowledge that no title or ownership in the Software is being transferred or assigned; this EULA is not to be construed as a sale of any rights in the Software. Subject to this EULA and its terms and conditions, Pro Gym Equipment hereby grants you a non-exclusive, non transferable, non-sublicensable, limited right and license to use the Services as provided by Pro Gym Equipment, for your personal, non-commercial use, in the manner permitted by this EULA. The rights granted herein are subject to your compliance with this EULA.
OWNERSHIP; NO OTHER LICENSES. Pro Gym Equipment licenses, and does not sell, the Software to you pursuant to the terms of this Agreement. Pro Gym Equipment retains all right, title, and interest in and to the Software, including any changes, updates, corrections, or modifications to the Software. The Software is protected by applicable laws and treaties throughout the world and may not be copied, reproduced, translated, or distributed in any manner or medium, in whole or in part, without prior written consent from Pro Gym Equipment. All rights not expressly granted to you herein are reserved by Pro Gym Equipment.
2. General License Conditions
You agree not to:
(i) commercially exploit the Software;
(ii) distribute, lease, license, sell, rent, lend, convey, or otherwise transfer or assign the Software, any copies thereof, or any passwords or usernames of Pro Gym Equipment Services, without the express prior written consent of Pro Gym Equipment or as set forth in this EULA;
(iii) make a copy of the Software (other than as set forth herein);
(iv) make the Software publicly available or available on a network for use or download by multiple users;
(v) reverse-engineer, decompile, disassemble, translate, prepare derivative works based on, or otherwise modify the Software, in whole or in part;
(vi) transport, export, or re-export (directly or indirectly) into any country forbidden to receive such Software by any U.S. or other export laws or accompanying regulations or otherwise violate such laws or regulations, as amended from time to time; or (vii) scrape, build databases, or otherwise create permanent copies of content returned from the Pro Gym Equipment Services.
The Software may require an Internet connection to access the Software or its Internet-based features, authenticate the Software, or perform other functions. In order for certain features of the Software to operate properly, you may be required to have and maintain an adequate Internet connection. By using the Software, you acknowledge and agree that third-party data-transfer fees may apply depending on your data plan. Please consult your carrier for further information.
3. Personal Information; Privacy Policy
By installing, accessing, or using the Software you consent to the collection, retention, and processing of your personal information (which may include the location of your device). By using the Software, you acknowledge and agree that you consent to Pro Gym Equipment’s privacy policy as set forth at https://www.progym-equipment.com/privacy-policy/.
4. Warranty
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE SOFTWARE IS PROVIDED TO YOU “AS IS,” WITH ALL FAULTS, WITHOUT WARRANTY OF ANY KIND, WITHOUT PERFORMANCE ASSURANCES OR GUARANTEES OF ANY KIND, AND YOUR USE IS AT YOUR SOLE RISK. THE ENTIRE RISK OF SATISFACTORY QUALITY AND PERFORMANCE RESIDES WITH YOU. PRO GYM EQUIPMENT AND PRO GYM EQUIPMENT’S LICENSORS DO NOT MAKE, AND HEREBY DISCLAIM, ANY AND ALL EXPRESS, IMPLIED, OR STATUTORY WARRANTIES, INCLUDING IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED USE, ACCURACY OF DATA (INCLUDING BUT NOT LIMITED TO LOCATION DATA), MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF THIRD-PARTY RIGHTS, AND WARRANTIES (IF ANY) ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. PRO GYM EQUIPMENT AND PRO GYM EQUIPMENT’S LICENSORS DO NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE; THAT THE PRO GYM EQUIPMENT SERVICES WILL MEET YOUR REQUIREMENTS; THAT OPERATION OF THE PRO GYM EQUIPMENT SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; OR THAT THE PRO GYM EQUIPMENT SERVICES WILL INTEROPERATE OR BE COMPATIBLE WITH ANY OTHER PRO GYM EQUIPMENT SERVICES, OR THAT ANY ERRORS IN THE PRO GYM EQUIPMENT SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN ADVICE PROVIDED BY PRO GYM EQUIPMENT OR PRO GYM EQUIPMENT’S LICENSORS OR ANY AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS APPLY ONLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
5. Limitations of Liability
IN NO EVENT WILL PRO GYM EQUIPMENT, PRO GYM EQUIPMENT’S AFFILIATES OR PRO GYM EQUIPMENT’S LICENSORS BE LIABLE FOR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM POSSESSION, ACCESS, USE OR MALFUNCTION OF THE SOFTWARE, INCLUDING BUT NOT LIMITED TO DAMAGES TO PROPERTY, LOSS OF GOODWILL, COMPUTER FAILURE OR MALFUNCTION AND, TO THE EXTENT PERMITTED BY LAW, DAMAGES FOR PERSONAL INJURIES, PROPERTY DAMAGE, LOST PROFITS OR PUNITIVE DAMAGES FROM ANY CAUSES OF ACTION ARISING OUT OF OR RELATED TO THIS EULA OR THE SOFTWARE, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT, STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT PRO GYM EQUIPMENT OR PRO GYM EQUIPMENT’S LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FOR PURPOSES OF THIS SECTION 5, PRO GYM EQUIPMENT’S LICENSORS AND CHANNEL PARTNERS ARE THIRD-PARTY BENEFICIARIES TO THE LIMITATIONS OF LIABILITY SPECIFIED HEREIN AND THEY MAY ENFORCE THIS EULA AGAINST YOU. BECAUSE SOME STATES/COUNTRIES DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY, THIS LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
THIS LIMITATION OF LIABILITY SHALL NOT BE APPLICABLE SOLELY TO THE EXTENT THAT ANY SPECIFIC PROVISION OF THIS LIMITATION OF LIABILITY IS PROHIBITED BY ANY FEDERAL, STATE, OR MUNICIPAL LAW, WHICH CANNOT BE PRE-EMPTED. THIS EULA GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION. IN NO EVENT SHALL PRO GYM EQUIPMENT’S, PRO GYM EQUIPMENT’S AFFILIATES’, PRO GYM EQUIPMENT’S LICENSORS’ OR CHANNEL PARTNERS’ LIABILITY FOR ALL DAMAGES (EXCEPT AS REQUIRED BY APPLICABLE LAW) EXCEED FIFTY DOLLARS (US $50).
6. Other Terms and Conditions
SUGGESTIONS. Pro Gym Equipment appreciates the interest shown by its customers and users who send unsolicited ideas and suggestions. If you have sent, or are considering sending, an idea to Pro Gym Equipment, be aware that your idea or suggestion may have already been considered and not pursued, currently be under development, be targeted for patent protection, already be in commercial production, or be the subject of some other action already taken by Pro Gym Equipment. If you decide to send or make available to Pro Gym Equipment any idea, suggestion, or other feedback related to Pro Gym Equipment’s products or otherwise, you agree to be bound by our submission policy as set forth here.
EXPORT LAWS. You acknowledge and agree that the laws and regulations of the United States restrict the export or re-export of certain commodities and technical data originating in the United States. You hereby agree that you will not export or re-export the Software in any form in violation of U.S. or any other applicable export laws or regulations. By installing or using the Software you represent and warrant that you are not (i) a national or resident of any country to which the United States has embargoed goods, or (ii) on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Denied Persons/Entity List.
GOVERNMENT END USERS. This Software and related documents are “Commercial Items” as defined in 48 CFR § 2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation” under 48 CFR §§ 12.212 or 227.7202. The Software and related documentation are being licensed to U.S. Government end users solely as Commercial Items and with only those rights granted to all end users under this EULA.
TERMINATION. This EULA will terminate automatically if you fail to comply with its terms and conditions. In such event, you must destroy all copies of the Software and all of its component parts and cease and desist from accessing any Pro Gym Equipment Services.
EQUITABLE REMEDIES. You agree that if the terms of this EULA are not specifically observed, Pro Gym Equipment will be irreparably damaged, and therefore Pro Gym Equipment shall be entitled, without bond or proof of damages, to appropriate equitable remedies with respect to your breach, in addition to any other available remedies.
INDEMNITY. You agree to indemnify, defend, and hold Pro Gym Equipment, its partners, affiliates, contractors, officers, directors, employees, and agents harmless from and against any and all damages, losses, and expenses arising directly or indirectly from: (i) your acts or omissions in using the Pro Gym Equipment Services pursuant to this EULA; or (ii) your breach of this EULA.
GOVERNING LAW AND DISPUTE RESOLUTION. This EULA will be governed by the laws of the State of Michigan, USA, as applied between Michigan residents, without reference to its choice-of-law rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply and is expressly excluded.
END-USER TERMS REQUIRED BY APPLE. You acknowledge and agree that (i) this EULA is concluded between you and Pro Gym Equipment, not Apple Inc. (“Apple”); (ii) Pro Gym Equipment and its licensors, not Apple, are solely responsible for the Software and any related maintenance or support; (iii) Apple has no obligation to provide maintenance or support for the Software; (iv) in the event of any failure of the Software to conform to an applicable warranty, you may notify Apple and Apple will refund any purchase price paid for the Software (if any); (v) to the maximum extent permitted by law, Apple will have no other warranty obligations with respect to the Software; (vi) Apple is not responsible for addressing any claims you or any third party may have relating to the Software; (vii) Apple has no responsibility for investigating, defending, settling, or discharging any third-party claim that the Software infringes that party’s intellectual-property rights; and (viii) Apple and its subsidiaries are third-party beneficiaries of this EULA and, upon your acceptance, Apple will have the right (and will be deemed to have accepted the right) to enforce this EULA against you as a third-party beneficiary. You also represent that (a) you are not located in a country subject to a U.S. government embargo or designated as a “terrorist-supporting” country and (b) you are not listed on any U.S. government list of prohibited or restricted parties.
CONTACT US. If you have any questions concerning this Agreement, please contact:
Pro Gym Equipment
Attn: Legal Department
14998 W Chicago
Rd White Pigeon,
MI 49099
United States
progymequipmentinternational@gmail.com
E-Books Terms and Conditions
This is an agreement between you and Pro Gym Equipment. Please read these Terms of Use, the Pro Gym Equipment Privacy Notice), and the other applicable rules, policies, and terms posted on the Pro Gym Equipment website (the “Site”) or provided with any Service (collectively, this “Agreement”) before purchasing or using any aspect of the Service. By using the Pro Gym Equipment Store, purchasing or using any Content, or using any aspect of the Service, you will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they are incorporated into this Agreement by this reference. We reserve the right to change this Site and these terms and conditions at any time.
For the purposes of this Agreement:
• “Content Provider” means the party offering Content in the Pro Gym Equipment Store, which may be Pro Gym Equipment or a third party.
• “Content” means digital content obtained through the Pro Gym Equipment Store, such as books, programming, and other content.
• “Pro Gym Equipment Store” means our stores available on the Site.
• “Service” means the provision of the Pro Gym Equipment Store, Content, and support and other services that we provide Pro Gym Equipment Store and Content users.
• “Subscription Content” means Content made available for access only for so long as you remain an active member of a subscription or membership program.
1. Content
Use of Content. Upon your download or access of Content and payment of any applicable fees (including applicable taxes), the Content Provider grants you a non-exclusive right to view, use, and display such Content (for Subscription Content, only as long as you remain an active member of the underlying membership or subscription program), solely for your personal, non-commercial use. Content is licensed, not sold, to you by the Content Provider. The Content Provider may include additional terms for use within its Content. Those terms will also apply, but this Agreement will govern in the event of a conflict.
Limitations. Unless specifically indicated otherwise, you may not sell, rent, lease, distribute, broadcast, sublicense, or otherwise assign any rights to the Content or any portion of it to any third party, and you may not remove or modify any proprietary notices or labels on the Content. In addition, you may not attempt to bypass, modify, defeat, or otherwise circumvent any digital-rights management system or other content protection or features used as part of the Service.
Subscription Cancellations and Termination. If a subscription is terminated before the end of its term, you will be able to access the Subscription Content until the end of the then-current billing cycle. We reserve the right to change subscription terms and fees from time to time, effective as of the beginning of the next subscription term.
Risk of Loss. Risk of loss for Content transfers when you download or access the Content.
2. General
Information Provided to Pro Gym Equipment. Pro Gym Equipment will handle any information it receives in accordance with the Pro Gym Equipment Privacy Notice.
Information Provided to Others. You are solely responsible for any information you provide to others using the Service. Use of information you provide to these third parties will be subject to any privacy notice or other terms that they may provide to you.
Termination; Fraud. Your rights under this Agreement will automatically terminate if you fail to comply with any term of this Agreement. Pro Gym Equipment may also terminate your right to use the Service at any time, including if Pro Gym Equipment determines your use violates any term of this Agreement or involves any fraud or misuse of the Service. In case of such termination, you must cease all use of the Service, and Pro Gym Equipment may immediately revoke your access to the Service without refund of any fees. Pro Gym Equipment’s failure to insist upon or enforce your strict compliance with this Agreement will not constitute a waiver of any of its rights.
Changes to Service; Amendments. Pro Gym Equipment may change, suspend, or discontinue the Service, in whole or in part—including adding or removing Subscription Content from a Service—at any time without notice. Pro Gym Equipment may amend any of this Agreement’s terms at its sole discretion by posting the revised terms on the Site. Your continued use of any aspect of the Service after the effective date of the revised Agreement terms constitutes your acceptance of the terms.
Disputes. Any dispute or claim arising from or relating to this Agreement or the Service is subject to the sections on dispute resolution, governing law, disclaimer of warranties, and limitation of liability and all other terms in the Pro Gym Equipment Terms of Use.
Limitation of Liability. Without limiting the Disclaimer of Warranties and Limitation of Liability in the Pro Gym Equipment Terms of Use, in no event will Pro Gym Equipment’s or any other Content Provider’s aggregate liability to you for all damages arising from your use of any Service exceed the amount you actually paid for the Content or for the aspect of the Service related to your claim for damages. These limitations will apply to you even if the remedies fail of their essential purpose.