PLEASE READ THIS DOCUMENT CAREFULLY. Euro-Gym™ (“we,” or “us”) is a worldwide personal and online fitness service located in various physical locations and at Euro-Gym.com (the “Euro-Gym Site” or “Site”). By registering as a member or by using the Euro-Gym™ Service in any way, you accept these Terms of Service (“Agreement” or “Terms”), which forms a binding agreement between you and Euro-Gym™.
Prior to using the Euro-Gym™ Service, it is important for you to know and understand that by visiting the Site and/or using the Service, you are agreeing to accept certain liability limitations and legal and health disclaimers, which we further explain throughout this Agreement. In other words, your use of the Euro-Gym™ Service is at your own risk, and we do not assume any liability, or make any warranties of any kind, express or implied, with respect to the Service or your use of the Service.
IF YOU DO NOT ACCEPT AND AGREE TO BE BOUND BY ALL OF THE TERMS OF THIS AGREEMENT, LIMITATIONS OF LIABILITY, WARRANTY DISCLAIMERS AND GENERAL HEALTH AND LEGAL DISCLAIMERS, DO NOT USE THE SITE OR THE EURO-GYM™ SERVICES.
By using the Service, you consent to receiving this Agreement in electronic form. To withdraw this consent, you must cease using the Service.
Please contact us with any questions regarding this Agreement.
HEALTH WARNING AND LIABILITY DISCLAIMER:
YOU SHOULD CONSULT YOUR PHYSICIAN OR OTHER HEALTH CARE PRACTITIONER BEFORE STARTING EXCERCISES PROVIDED BY EURO-GYM™ OR ANY OTHER EXERCISE PROGRAM. THIS IS PARTICULARLY TRUE IF YOU OR YOUR FAMILY HAVE A HISTORY OF HIGH BLOOD PRESSURE OR HEART DISEASE, OR IF YOU HAVE EVER EXPERIENCED DISCOMFORT WHILE EXERCISING.
NOTHING STATED OR POSTED ON EURO-GYM.COM IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL OR PROFESSIONAL ADVICE OR CARE.
YOUR USE OF EURO-GYM.COM IS AT YOUR OWN RISK.
PLEASE READ OUR FULL PROFESSIONAL ADVICE AND MEDICAL DISCLAIMER IN SECTION 2 BELOW BEFORE COMMENCING YOUR USE OF EURO-GYM.COM.
EURO-GYM.COM SHALL NOT BE LIABLE FOR ANY LIABILITY, OF ANY KIND, RESULTING FROM THE USE OF EURO-GYM.COM.
Content of These Terms of Service
- Who May Use Euro-Gym.com 2. Professional Advice and Medical Disclaimer 3. Your Representations and Warranties as a Member 4. General Disclaimers 5. Limitation of Liability 6. Indemnification 7. License to Use the Euro-Gym Service 8. Third Party Links and Content 9. Intellectual Property
- Who May Use the Euro-Gym™ Service
AGE REQUIREMENT: You must be at least 18 years old to use the Euro-Gym™ Service.
NOTICE TO PARENTS AND GUARDIANS: You are responsible for monitoring and supervising your child’s use of Euro-Gym.com. If your child is using Euro-Gym.com without your express consent and is under 18, please contact us immediately so that we can disable his or her access. If you have questions about Euro-Gym.com, please contact us.
- Professional Advice and Medical Disclaimer.
YOU SHOULD CONSULT YOUR PHYSICIAN OR OTHER HEALTH CARE PROFESSIONAL BEFORE STARTING THIS OR ANY OTHER EXERCISE OR NUTRITION PROGRAM TO DETERMINE IF IT IS RIGHT FOR YOUR NEEDS. THIS IS PARTICULARLY TRUE IF YOU (OR YOUR FAMILY) HAVE A HISTORY OF HIGH BLOOD PRESSURE OR HEART DISEASE, OR IF YOU HAVE EVER EXPERIENCED CHEST PAIN WHEN EXERCISING, SMOKE, HAVE HIGH CHOLESTEROL, OR HAVE A BONE OR JOINT PROBLEM THAT COULD BE MADE WORSE BY A CHANGE IN PHYSICAL ACTIVITY. DO NOT USE EURO-GYM EXCERCISES IF YOUR PHYSICIAN OR HEALTH CARE PROVIDER ADVISES AGAINST THEM. IF YOU EXPERIENCE FAINTNESS, DIZZINESS, PAIN OR SHORTNESS OF BREATH AT ANY TIME WHILE EXERCISING, YOU SHOULD STOP IMMEDIATELY.
EURO-GYM.COM OFFERS HEALTH AND FITNESS INFORMATION AND IS DESIGNED FOR INFORMATIONAL PURPOSES ONLY. NOTHING STATED OR POSTED ON EURO-GYM.COM OR AVAILABLE THROUGH ANY EURO-GYM SERVICES IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL, PROFESSIONAL OR COUNSELING CARE. FOR PURPOSES OF THIS AGREEMENT, THE PRACTICE OF MEDICINE AND COUNSELING INCLUDES, WITHOUT LIMITATION, PSYCHIATRY, PSYCHOLOGY, PSYCHOTHERAPY, OR PROVIDING HEALTH OR NUTRITION CARE, TREATMENT, INSTRUCTIONS, DIAGNOSIS, PROGNOSIS OR ADVICE. YOU SHOULD NOT RELY ON ANY INFORMATION ON EURO-GYM.COM AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH, YOU SHOULD ALWAYS CONSULT A PHYSICIAN OR OTHER HEALTH-CARE PROFESSIONAL. DO NOT EVER DISREGARD, AVOID OR DELAY OBTAINING MEDICAL OR HEALTH RELATED ADVICE FROM YOUR HEALTH-CARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ ON THE SERVICE. THE USE OF ANY INFORMATION PROVIDED ON THE SERVICE IS SOLELY AT YOUR OWN RISK.
IF YOU ARE IN THE UNITED STATES AND THINK YOU ARE HAVING A MEDICAL OR HEALTH EMERGENCY, CALL YOUR HEALTH CARE PROFESSIONAL, OR 911, IMMEDIATELY.
EURO-GYM.COM IS CONTINUALLY UNDER DEVELOPMENT AND EURO-GYM MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE. IN THAT REGARD, DEVELOPMENTS IN MEDICAL RESEARCH MAY IMPACT GENERAL HEALTH, FITNESS AND ADVICE. NO ASSURANCE CAN BE GIVEN THAT THE INFORMATION CONTAINED ON EURO-GYM.COM WILL ALWAYS INCLUDE THE MOST RECENT DEVELOPMENTS WITH RESPECT TO THE PARTICULAR MATERIAL.
- Your Representations and Warranties as a Member
In becoming a Member of Euro-Gym with the intent of using Euro-Gym Exercises, you affirm that either (A) all of the following statements are true: (i) no physician has ever informed you that you have a heart condition or that you should only do physical activities recommended by a physician; (ii) you have never felt chest pain when engaging in physical activity; (iii) you have not experienced chest pain when not engaged in physical activity at any time within the past several months; (iv) you have never lost your balance because of dizziness and you have never lost consciousness; (v) you do not have a bone or joint problem that could be made worse by a change in your physical activity; (vi) your physician is not currently prescribing drugs for your blood pressure or heart condition; (vii) you do not have a history of high blood pressure, and no one in your immediate family has a history of high blood pressure or heart problems; and (viii) you do not know of any other reason you should not exercise; or (B) your physician has specifically approved of your use of Euro-Gym™ Exercises.
If applicable, You further affirm that (A) you are not pregnant or (B) your physician has specifically approved your use of Euro-Gym™ Exercises.
- General Disclaimers
Euro-Gym™ provides the Euro-Gym™ Exercises on an “as is” and “as available” basis. You therefore use the Euro-Gym™ Exercises at your own risk.
Euro-Gym™ expressly disclaims any and all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any other warranty that might arise under any law. Without limiting the foregoing, Euro-Gym™ makes no representations or warranties:
- That the Euro-Gym™ Exercises, or any particular fitness program is suitable for you;
- Regarding the adequacy or safety of the Euro-Gym™ Exercises for any particular user;
- That the Euro-Gym™ Exercises will meet your personal needs;
- That the Euro-Gym™ Exercises will be permitted in your jurisdiction;
- That the Euro-Gym™ Exercises will be uninterrupted or error-free;
- Concerning any content submitted by any member;
- Concerning any third party’s use of content that you submit;
- That Euro-Gym™ will continue to support any particular feature of the Euro-Gym™ Exercises; or
- Concerning sites and resources outside of the Euro-Gym™ Exercises, even if linked to from Euro-Gym.com .
Euro-Gym™ reserves the right to modify the Euro-Gym™ Exercises. You are responsible for providing your own access (e.g., computer, mobile device, Internet connection, etc.) to the Euro-Gym™ Exercises. Euro-Gym™ has no obligation to screen or monitor any content and does not guarantee that any content made available on the Euro-Gym.com complies with this Agreement or is suitable for all users. Euro-Gym™ shall not be responsible for loss or corruption of data, and hereby waives all claims with respect to damage to Your computer system, internet access, download or display device.
To the extent that a secondary party may have access to or view Euro-Gym™ content on your computer or mobile device, you are solely responsible for informing such party of all provisions, terms, disclaimers and warnings in this Agreement.
To the extent any disclaimer or limitation of liability in this Agreement does not apply, all applicable express, implied, and statutory warranties will be limited in duration to a period of thirty (30) days after the date on which you first used the Euro-Gym™ Exercises, and no warranties shall apply after such period.
- Limitation of Liability
To the fullest extent permitted by law: (i) in no event shall Euro-Gym™, nor its affiliates, be liable for any direct, indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to damages for personal injury, death, loss of livelihood, loss of enjoyment, pain and suffering, emotional distress, loss of profits, loss of future earnings, goodwill, use, and/or any other damages or other intangible losses; and (ii) Euro-Gym’s, and its affiliates’ total liability to you shall not exceed the amounts paid by you to Euro-Gym™ over the twelve (12) months preceding your claim(s).
IF YOU DO NOT ACCEPT THIS LIMITATION OF LIABILITY, YOU ARE NOT AUTHORIZED TO OBTAIN OR ACCESS ANY MATERIAL THROUGH THE SERVICE OR SITE.
Euro-Gym™, Coaching Service
The Euro-Gym™ coaching service is intended solely as a general fitness informational means by which Members can communicate with Euro-Gym™ trainer coaches. In selecting our trainer coaches, we endeavor to source only those coaches who can demonstrate a minimum of two (2) years’ experience in the fitness field, with valid professional experience at a reputable fitness institution or gym. In the course of providing coaching advice, our coaches may occasionally answer incidental nutritional questions based on their own personal experience. EURO-GYM™ DOES NOT REPRESENT IN ANY WAY THAT ANY NUTRITIONAL OR FITNESS ADVICE PROVIDED BY A TRAINER COACH CONSTITUTES QUALIFIED EXPERT ADVICE.
Euro-Gym™ takes care to instruct its coaches never, under any circumstance, to provide advice that could be construed as expert advice, and we in no way encourage or endorse such behavior from our coaches.
If you encounter a Euro-Gym™ coach who is providing expert advice in violation of these principles, please contact us immediately. You should always seek expert professional advice in nutritional and health matters, and should not rely on any opinions expressed through Euro-Gym.com expert opinions or advice.
You agree to indemnify, defend, and hold harmless Euro-Gym™ and its affiliates, directors, officers, employees, and agents, from and against any liability, claims, damages, losses and costs (including reasonable attorney’s fees) that: (i) arise from your activities on Euro-Gym.com; (ii) assert a violation by you of any term of this Agreement; or (iii) assert that any content you submitted to Euro-Gym™ violates any law or infringes any personal right or third party right, including any intellectual property or privacy right. Euro-Gym™ reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Euro-Gym™ in connection therewith.
- License to Use the Euro-Gym™ Service
LICENSE: Euro-Gym™ grants you a limited, non-exclusive license to access and use the Euro-Gym™ Exercises for your own personal, non-commercial purposes. This includes the right to view content available on Euro-Gym.com. This license is personal to you and may not be assigned or sublicensed to anyone else.
RESTRICTIONS: Except as expressly permitted by Euro-Gym™ in writing, you will not reproduce, redistribute, publicly display, sell, create derivative works from, decompile, reverse engineer, or disassemble the Euro-Gym™ Exercises. Nor will you take any measures to interfere with or damage Euro-Gym™. All rights not expressly granted by Euro-Gym™ are reserved.
- Third Party Links and Content
Certain links on the Euro-Gym™ sites and/or Euro-Gym.com may let you leave the particular Euro-Gym™ Site or Euro-Gym™ Exercises you are accessing in order to access a linked site (the “Linked Sites”). When you are linking to a third party site, it is important to know that Euro-Gym™ does not control these sites, nor has Euro-Gym™ reviewed or approved the content which appears on the linked sites. Euro-Gym™ is not responsible for the legality, accuracy or nature of any content, advertising, products or other materials on or available from any linked sites, or the conduct of such linked sites. You acknowledge and agree that Euro-Gym™ shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of any of the links, content, goods or services available on or through the linked sites.
Dealings with Third Parties.
More specifically, your participation, correspondence or business dealings with any third party found on or through the Euro-Gym.com Sites and Service (i.e., a linked site), regarding payment and delivery of specific goods and services, and any other terms, conditions, representations or warranties associated with such dealings, are solely between you and such third party. You agree that Euro-Gym™ shall not be responsible or liable for any loss, damage, or other matters of any sort incurred as the result of such dealings.
- Intellectual Property
You acknowledge that the Euro-Gym.com and Euro-Gym™ Exercises contain graphics, photos, videos, know-how, product ideas, comments and other material (collectively, “Content”) that is protected by copyrights, patents, trademarks, trade secrets or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. All Euro-Gym™-generated Content and Content developed for Euro-Gym™ by its partners and licensors is copyrighted individually and/or as a collective work under the U.S. copyright laws; further, Euro-Gym™ owns a copyright in the selection, coordination, arrangement and enhancement of all Content in Euro-Gym.com. Subject to your compliance with these Terms, and solely for so long as you are permitted by us to access and use the Services, you may download one copy of the application (but never the Content) to any single computer or device for your personal, non-commercial home use only, provided you keep intact all copyright and other proprietary notices, and are in compliance with these Terms. Unless otherwise specified, modification of the Content or use of the Content for any other purpose, including use of any such Content on any other website or networked computer environment is strictly prohibited.
The Euro-Gym™ name, logos and affiliated applications and technologies are the exclusive property of Euro-Gym™. All other trademarks appearing on the Services are trademarks of their respective owners. Our partners or service providers may also have additional proprietary rights in the content which they make available through the Services. The trade names, trademarks and service marks owned by us, whether registered or unregistered, may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion. Nothing contained on the Services should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of our trade names, trademarks or service marks without our express prior written consent.
Euro-Gym™ owns and retains all proprietary rights in the Site and the Service, and in all content, trademarks, trade names, service marks and other intellectual property rights related thereto. You agree to not copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted material, trademarks, trade names, service marks, or other intellectual property or proprietary information accessible on the Site or through the Service, without first obtaining the prior written consent of the Company or, if such property is not owned by the Company, the owner of such intellectual property or proprietary rights. You agree to not remove, obscure or otherwise alter any proprietary notices appearing on any content, including copyright, trademark and other intellectual property notices.