All Site and Affiliated Sites audio clips, video clips, software, design, text, images, photographs, illustrations, artwork, graphic material, or other copyrightable elements, and the selection and arrangements thereof, and trademarks, Service marks and trade names (the "Material") are the property of TheGymbox or its subsidiaries, affiliates, assigns, licensors or other respective owners and are protected, without limitation, pursuant to U.S. and foreign copyright and trademark laws. You agree not to reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate any Material to any third party (including, without limitation, the display and distribution of the Material via a third-party website) without the express prior written consent of TheGymbox. Use of any TheGymbox.com material and/or its licensors' Material is only permitted with their express written permission. You further agree that you will not alter or otherwise modify the Material. Any unauthorized or prohibited use may subject the offender to civil liability and criminal prosecution under applicable federal and state laws.
Users may subscribe to e-newsletters, special event alerts and/or special offer notices and have the option of unsubscribing from these free e-mail Services at any time; order products or Services; activate programming; or enter drawings through TheGymbox.com and/or its Affiliated Sites. In these cases, TheGymbox generally requires Users to provide any or all of the following where applicable: first and last name, billing/mailing address, shipping address, phone number, e-mail address, credit card number/expiration date (when purchasing goods or Services), and receiver identification information. If Users do not complete the order or submission process, the information will not be captured by our system. Once a User has successfully entered the required information and completed the order or submission process, an account will be created and maintained by TheGymbox.
User agrees to hold TheGymbox harmless for any hyperlinks from its Site and Affiliated Sites to outside websites. The appearance of a hyperlink to an outside website shall not constitute endorsement of such website by TheGymbox, and TheGymbox or its subsidiaries or affiliates do not verify, endorse, or take responsibility for the accuracy, currency, or completeness of the content contained on these sites. TheGymbox will under no circumstances be liable for any direct, indirect, incidental or special loss or other damage, whether arising from negligence, breach of contract, defamation, infringement of copyright or other intellectual property rights, caused by the exhibition, distribution or exploitation of any information or content contained within these third-party hyperlinked sites.
TheGymbox will post Rules of Participation for certain activities on this Site or its Affiliated Sites, including, without limitation, contests, sweepstakes and other activities by TheGymbox.com or its Affiliated Sites. This Agreement is incorporated by reference to the specific Rules of Participation which appear in connection with information about a particular activity. To the extent that any conflict exists between this Agreement and specific Rules of Participation, the Rules of Participation for the activity in which you choose to participate shall govern.
TheGymbox or its subsidiaries or affiliates are not responsible for the quality or delivery of the products or Services offered, accessed, obtained by or advertised at third-party websites. Any such complaint or legal action would have to be made against the third-party website or organization from which the product was purchased.
This Site and all materials contained on it are distributed and transmitted on an "as is" and "as available" basis, without warranties of any kind, either express or implied. TheGymbox is not responsible or liable for any infections, bugs or contamination of your system, or delays, inaccuracies, errors, or omissions arising out of your use of this Site or with respect to the information and material contained on this Site. The entire risk as to the quality, accuracy, adequacy, completeness, correctness and validity of any material rests with you. To the fullest extent permissible pursuant to applicable law, TheGymbox, its affiliates, and their respective officers, directors, employees, agents, licensors, representatives, and third-party providers to the Site will not be liable for damages of any kind, including, without limitation, compensatory, consequential, incidental, indirect, special or similar damages, that may result from the use of, or the inability to use, the materials contained on this Site or its Affiliated Sites whether the material is provided or otherwise supplied by TheGymbox or any third party. Notwithstanding the foregoing, in no event shall TheGymbox's liability to you for any and all claims, damages, losses, and causes of action (whether in contract, tort or otherwise) exceed the amount paid by you, if any, for accessing this Site.
You agree to indemnify TheGymbox and its affiliates, and their respective officers, directors, shareholders, employees, successors, assigns, and third-party providers to the Site and shall hold them harmless from and against any claims regarding the use of this website by you, and violation of any part of this Agreement by you, including, but not limited to, damages, liabilities, costs and expenses, including reasonable attorneys' fees, assessed against or incurred by TheGymbox. User will promptly assume the defense of any claim or litigation to which its warranty and indemnity hereunder applies. User shall promptly give TheGymbox notice of all claims relating to alleged violations of copyright, trademark, right of privacy, right of publicity, literary, dramatic or music rights that are brought or asserted against User by any third party; and User shall not enter into any settlement of such claim without first obtaining the written consent of TheGymbox, which consent shall not be unreasonably delayed or denied. TheGymbox reserves the right to assume, at its sole discretion and expense, the exclusive defense and control of any matter subject to indemnification by you, in which you will fully cooperate with TheGymbox in asserting any available defenses.
TheGymbox operates and controls this Site and its Affiliated Sites from its offices at 10808 S. River Front Parkway, #3066, South Jordan, UT 84095, United States of America. No software from this Site may be downloaded, exported or re-exported in violation of any law, including, without limitation, to countries that are subject to U.S. export restrictions.
This Agreement contains the entire understanding and supersedes all prior understanding of the parties hereto relating to the subject matter hereof, and cannot be changed or terminated orally. If any provision of this Agreement is found to be illegal or unenforceable, the Agreement will be deemed curtailed to the extent necessary to make it legal and enforceable and will remain, as modified, in full force and effect. This Agreement and all matters or issues collateral thereto will be governed by, construed and enforced in accordance with the Laws of the State of Utah.