BY ACCESSING OR OTHERWISE USING THE SITE YOU AGREE TO THESE TERMS & CONDITIONS. Any person or entity who interacts with the Site through the use of crawlers, robots, browsers, data mining or extraction tools, or other functionality, whether such functionality is installed or placed by such person or entity or a third party, is considered to be using the Site. If at any time you do not accept all of these Terms & Conditions, you must immediately stop using the Site. Certain areas within the Site may be governed by additional terms and policies (“Additional Terms”). By using those areas of the Site, you agree to the Additional Terms. The Additional Terms are incorporated into these Terms & Conditions, and any reference to these Terms & Conditions includes the Additional Terms.
All content included on the Site such as text, graphics, logos, images, audio clips, video, data, music, software, application updates, and other material (collectively “Content”) is owned or licensed property of ACTION FITNESS, LLC or its suppliers or licensors, including ACTION FITNESS, LLC Plus Partners (as defined herein), and is protected by copyright, trademark, patent or other proprietary rights. The collection, arrangement and assembly of all Content on the Site is the exclusive property of ACTION FITNESS, LLC Brands, Inc. and protected by U.S. and international copyright laws. ACTION FITNESS, LLC and its suppliers and licensors, including ACTION FITNESS, LLC Plus Partners, expressly reserve all intellectual property rights in all Content.
License and Access
ACTION FITNESS, LLC grants you a limited license to access and make personal use of the Site and the Content for NONCOMMERCIAL PURPOSES ONLY and only to the extent such use does not violate these Terms & Conditions including, without limitation, the prohibitions listed in the “UNLAWFUL OR PROHIBITED USES” section of these Terms & Conditions. You may download, print and copy Content for personal, noncommercial purposes only, provided you do not modify or alter the Content in any way, delete or change any copyright or trademark notice, or violate these Terms & Conditions in any way. Accessing, downloading, printing, posting, storing or otherwise using the Site or any of the Content for any commercial purpose, whether on behalf of yourself or on behalf of any third party, constitutes a material breach of these Terms & Conditions. The Site is intended for use by individuals 13 years of age or older. If you are under 18, you may use this Site only with involvement of a parent or guardian.
Unlawful or Prohibited Uses
The Site may only be used for lawful purposes in accordance with the terms of the license granted in these Terms & Conditions. As a condition of your use of this Site, you warrant to ACTION FITNESS, LLC that you will not use the Site for any purpose that is unlawful or prohibited by these Terms & Conditions. Whether on behalf of yourself or on behalf of any third party, YOU MAY NOT:
Make any commercial use of the Site or its Content, including making any collection or use of any product listings, descriptions, prices or images;
Download, copy or transmit any Content for the benefit of any other merchant;
Use or attempt to use any engine, software, tool, agent, data or other device or mechanism (including browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Site other than the search engine and search agents provided by ACTION FITNESS, LLC or generally publicly available browsers;
Frame, mirror or use framing techniques on any part of the Site without ACTION FITNESS, LLC express prior written consent;
Make any use of data extraction, scraping, mining or other data gathering tools, or create a database by systematically downloading or storing Site content, or otherwise scrape, collect, store or use any Content, product listings, descriptions, prices or images, except pursuant to the limited license granted by these Terms & Conditions;
Use any meta tags or any other hidden text utilizing ACTION FITNESS, LLC name or marks;
Misrepresent the identity of a user, impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Site, or express or imply that we endorse any statement you make;
Use a buying agent to conduct transactions on the Site;
Conduct fraudulent activities on the Site;
Violate or attempt to violate the security of the Site, including, without limitation: (i) accessing data not intended for you or logging onto a server or an account that you are not authorized to access; (ii) trying to change the behavior of the Site; (iii) attempting to probe, scan or test the vulnerability of a system or network, or to breach security or authentication measures; (iv) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting malware to the Site, overloading, “flooding,” “spamming,” “mailbombing” or “crashing”; (v) forging any header or any part of the header information in any email or posting; or (vi) forging communications on behalf of the Site (impersonating the ACTION FITNESS, LLC Site) or to the Site (impersonating another user);
Send unsolicited or unauthorized email on behalf of ACTION FITNESS, LLC or any ACTION FITNESS, LLC Plus Partner, including promotions and/or advertising of products or services;
Tamper with the Site or use or attempt to use any device, software, routine or data that interferes or attempts to interfere with the working or functionality of the Site or any activity being conducted on the Site;
Use the Site to defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others, including others’ privacy rights or rights of publicity;
Harvest or collect personally identifiable information about other users of the Site;
Restrict or inhibit any other person from using the Site (including, without limitation, by hacking or defacing any portion of the Site);
Use the Site to advertise or offer to sell or buy any goods or services without ACTION FITNESS, LLC express prior written consent;
Reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes any portion of, use of, or access to the Site;
Modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Site; or
Remove any copyright, trademark or other proprietary rights notice from the Site or materials originating from the Site.