Legal Terms and Conditions

Terms of Use

Welcome to Gymtechik.com. Gym Technik provides the information, services, products, and programs offered through gymtechnik.com (collectively, “Online Services”) to you subject to the following user agreement (“Terms of Use”), which may be amended as described below. You understand and agree that our Online Services are intended for general reference purposes only and are not intended to address specific medical conditions. Furthermore, you understand and agree that our Online Services are provided “AS-IS” and that Gym Technik assumes no responsibility for, among other things, any service outages or interruptions, the unavailability of particular features or services, the unavailability of your data, and the inability to access all or part of our Online Services.

Gym Technik has been developed to help our users track their health and fitness progress, track their body statistics, reach their health and fitness goals and lead a healthy lifestyle. The authors of this web site are providing information for educational purposes only. The information provided within this website and from our services is not intended to be a diagnosis or prescription. Before beginning any diet or fitness program please consult a physician. Discontinue any exercise that causes you pain or severe discomfort and consult a medical expert. The authors of this web site, and all its content, cannot guarantee any exercise, health, weight loss or fitness results or improvements to the users of gymtechnik.com.

The current Terms of Use will always be available for your review at http://www.gymtechnik.com/legal.aspx. If you do not agree with this Terms of Use, or any revised versions thereof, you may not use the Website. The terms "you" and "user" refers to all individuals and entities that access the Website.

Acceptance of Terms Through Use

By using the Gym Technik Web site, www.gymtechnik.com (the “Site”), you agree to be bound by the Terms of Use. We may change the Terms of Use at any time by posting revisions to the Site, and your continued use of the Site indicates your agreement to the revised terms. Accordingly, we urge you to review the Terms of Use, and if you do not agree to the terms of this or any revised policy, please exit the Site immediately. You also agree to provide true, accurate, current and complete information about yourself as prompted by our Online Services' registration form and update that information to keep it accurate. You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, use of our Online Services, access to our Online Services or any of the content accessible through our Online Services.

Age Requirement

In order to use the Website you must be at least 18 years of age or the legal age to form a binding contract in your jurisdiction if that age is greater than 18 years of age. Individuals who are under the age of 18 or the legal age to form a binding contract in their jurisdiction (“Minors”) are prohibited from using the Website. Accordingly, if you are a Minor, please do not attempt to register for the Website or send any information about yourself to us, including your name, address, telephone number, or email address. In the event that we learn that we have collected personal information from a Minor, we will delete that information as soon as reasonably practicable. If you believe that we might have any information from or about a Minor, please contact us at support@gymtechnik.com. You represent that the information that you provide about yourself (including your age) as requested in the account registration form is accurate and complete.

Registration and Password

During the registration process you will be asked to select a unique password for access to certain portions of the Site. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under the password. By logging into the Site, you represent and warrant that: (i) you are the customer who registered for the services; (ii) that you are using the services only for permitted purposes; (iii) you are not a competitor of Gym Technik, or agent thereof; (iv) you will immediately notify us of any unauthorized use of the password or account or any other breach of security; and (v) you will ensure that you exit from your account at the end of each session. Please notify support@gymtechnik.com, with subject line "Web Account Misuse" of any potential unauthorized use(s) of your account, or breach of security.

You also represent and warrant that: (i) you will not select or utilize a user name of another person with intent to impersonate that person; (ii) you will not select or utilize a user name in which another person has rights, if you do not have that person's authorization to use such name; and (iii) you will not select or utilize a user name that Gym Technik in its sole discretion deems offensive.

License Granted by You

By providing content or information to us, including by submitting or uploading content or materials for use on the Site, you represent and warrant that you or the owner of all rights to such content or materials has expressly granted us an irrevocable world-wide right in all languages and in perpetuity to use and exploit all or any part of the content and materials provided by you. We may publish and distribute any such submitted content or materials at our sole discretion by any method now existing or later developed. You agree that you shall waive all claims and have no recourse against us for any alleged or actual infringement or misappropriation of any proprietary rights in any communication, content or material submitted to us. Any communication or materials you send to us will be treated as non-confidential and non-proprietary and may be disseminated or used by us for any purpose, including, but not limited to, developing, creating, manufacturing or marketing products or services.

Information on the Website

We try to provide helpful and accurate information on the Website, but we cannot verify, endorse or vouch for the information, services or recommendations available through the Website. We are not responsible for the accuracy, reliability, effectiveness, or correct use of information you receive through the Website.

Important Note Regarding Information Related To Health

Information found on this website is meant to support and not replace the relationship with your physician or other medical provider. We are not a licensed medical care provider and have no expertise in diagnosing, examining, or treating medical conditions of any kind, or in determining the effect of any specific exercise on a medical condition. You should always consult a physician before starting a fitness program, changing your diet or if you have any questions regarding a medical condition, and Gym Technik requires that you consult with your physician before following any training instructions you receive through the Website or participating in any event announced on the Website. Not all exercises or activities described on the Website are suitable for everyone. You should understand that when participating in any exercise or exercise program, there is the possibility of physical injury and or death. If you feel discomfort or pain, immediately stop the activity causing such discomfort or pain. The Website should not be used by people who have any adverse medical or nutritional conditions. By using the Website, you represent that you have received consent from your physician to participate in the programs, workouts, and exercises described on the Website. We are not responsible for any health problems that may result from training programs, products, or events you learn about through the Website. If you engage in any exercise program you receive through the Website you agree that you do so at your own risk and are voluntarily participating in these activities.

Limited License

You are granted a limited, non-exclusive, revocable and non-transferable license to utilize and access the Site pursuant to the requirements and restrictions of these Terms of Use. Gym Technik may change, suspend, or discontinue any aspect of the Site at any time. Gym Technik may also, without notice or liability, impose limits on certain features and services or restrict your access to all or portions of the Site. You shall have no rights to the proprietary software and related documentation, if any, provided to you in order to access the Site. Except as provided in these Terms of Use, you shall have no right to directly or indirectly, own, use, loan, sell, rent, lease, license, sublicense, assign, copy, translate, modify, adapt, improve, or create any new or derivative works from, or display, distribute, perform, or in any way exploit the Site, or any of its contents (including software) in whole or in part.

Violation of the Terms of Use

You understand and agree that in Gym Technik's sole discretion, and without prior notice, Gym Technik may terminate your access to the Site, or exercise any other remedy available and remove any unauthorized user information, if Gym Technik believes that the information you provide has violated or is inconsistent with these Terms of Use, or violates the rights of Gym Technik, or any third party, or violates the law. You agree that monetary damages may not provide a sufficient remedy to Gym Technik for violations of these Terms of Use and you consent to injunctive or other equitable relief for such violations. Gym Technik may release user information about you if required by law or subpoena.

Representations By You

By visiting the Site, you represent, warrant and covenant that (a) you are at least 18 years old; and (b) that all materials of any kind submitted by you through the Site or for inclusion on the Site will not plagiarize, violate or infringe upon the rights of any third party including trade secret, copyright, trademark, trade dress, privacy, patent, or other personal or proprietary rights.

Advertising

The Site may contain advertisements and/or sponsorships. The advertisers and/or sponsors that provide these advertisements and sponsorships are solely responsible for insuring that the materials submitted for inclusion on the Site are accurate and comply with all applicable laws. We are not responsible for the acts or omissions of any advertiser or sponsor.

Links and Search Results

The Site contains links to sites operated by third parties throughout the World Wide Web. Gym Technik has no control over these sites or the content within them. Gym Technik does not guarantee, represent or warrant that the content contained in any third party sites is accurate, legal and/or inoffensive. Gym Technik does not endorse the content of any third party site, nor does it make any representation or warranty about these sites, including that they will not contain viruses or otherwise impact your computer. By using the Site to search for or link to another site, you agree and understand that you may not make any claim against Gym Technik for any damages or losses, whatsoever, resulting from your use of the Site to obtain search results or to link to another site. If you have a problem with a link from the Site, you may notify us at support@gymtechnik.com, with the subject line “Problem Links.”

DISCLAIMER OF WARRANTIES

YOU EXPRESSLY AGREE THAT ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE (THE “WEBSITE CONTENT”) ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE. THE WEBSITE CONTENT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE, OTHER THAN THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER APPLICABLE LAW. NEITHER GYM TECHNIK, NOR OUR SUBSIDIARIES OR LICENSORS, MAKE ANY WARRANTY THAT THE WEBSITE CONTENT OF THE SITE IS ACCURATE, RELIABLE OR CORRECT; THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; THAT THE WEBSITE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT YOU WILL ACHIEVE SUCCESSFUL RESULTS FROM FOLLOWING ANY INSTRUCTIONS, DIRECTIONS OR RECOMMENDATIONS ON THE SITE.

Limitations of Liability

By utilizing this website and the services offered by Gym Technik, you have agreed to the following limitation of liability:

UNDER NO CIRCUMSTANCES SHALL GYM TECHNIK, OUR SUBSIDIARIES OR OUR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE SITE OR FROM INFORMATION PROVIDED ON THE SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. OUR LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

International Use

By choosing to access the Site from any location other than Canada, you accept full responsibility for compliance with all local laws that are applicable. Gym Technik makes no representation that materials on the Site are appropriate or available for use in locations outside Canada, and accessing them from territories where their contents are illegal is prohibited. You may not use, export or re-export any materials from this Site in violation of any applicable laws or regulations, including, but not limited to, any Canadian export laws and regulations.

Premium Terms of Service

By signing up for the Gym Technik Premium Service ("Service"), you are agreeing to be bound by the following terms and conditions ("Terms of Service"). Any new features or tools which are added to the current Service shall be also subject to the Terms of Service. You can review the most current version of the Terms of Service at any time at: http://www.gymtechnik.com/legal.aspx. TSR Gym Technik Ltd. reserves the right to update and change the Terms of Service by posting updates and changes to the gymtechnik.com website. You are advised to check the Terms of Service from time to time for any updates or changes that may impact you.

Account Terms

1. You must be 18 years or older to use this Service.
2. You must provide a valid email address and any other information required by Gym Technik to complete the signup process.
3. You are responsible for keeping your password secure. TSR Gym Technik Ltd. cannot and will not be liable for any loss or damage from your failure to maintain the security of your account and password.
4. You may not use the service for any illegal or unauthorized purpose.
5. You are responsible for all activity and content that is uploaded or created under your Gym Technik Premium Account.
6. A breach or violation of any of the Account Terms will result in an immediate termination of your services.

Payment, Refunds, Upgrading and Downgrading Terms

1. A valid credit card is required to pay for the Premium Service Account. The Gym Technik Basic free Account does not require a credit card payment.
2. No charges will be incurred until the Trial Periods have passed.
3. Only one Trial Period is allowed per individual.
4. The service will be billed in-advance before each billing cycle. At the beginning of each billing period, Gym Technik Premium users will be automatically billed using their valid credit card.
5. No reimbursements or pro-rated charges will be given for partially used billing periods.
6. Downgrading your Service from Premium to Basic may cause the loss of Content, features, or capacity of your Account. TSR Gym Technik Ltd. does not accept any liability for such loss.

Cancellation and Termination

1. You are solely responsible for properly cancelling your account. An email request to cancel your account is not considered cancellation.
2. You may cancel your account at anytime by updating your account settings at www.gymtechnik.com �C You can navigate to your Account Settings by logging in to Gym Technik Online using your computer, place your mouse on top of the "My Account" tab on the top right, and click on the "Billing" tab.
3. Once your account is cancelled your Gym Technik Premium Content will remain stored on the Gym Technik servers. You may renew a Gym Technik premium account at any time to gain access again to your Gym Technik Premium Content.
4. Once your account is cancelled your credit card will no longer be billed for the Service, but you are responsible for whatever charges have already been incurred for the current billing period.
5. We reserve the right to modify or terminate the Gym Technik Premium service for any reason, without notice at any time.
6. If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately and you will not be charged again.
7. Fraud: Without limiting any other remedies, TSR Gym Technik Ltd. may suspend or terminate your account if we suspect that you have engaged in fraudulent activity in connection with the Site.

Modifications to the Service and Prices

1. Prices for using Gym Technik Premium are subject to change upon 14 days notice from TSR Gym Technik Ltd. Such notice may be provided at any time by posting the changes to the Gym Technik site (www.gymtechnik.com) or as an email sent to the valid email address provided with your Gym Technik account.
2. TSR Gym Technik Ltd. reserves the right at any time to time to modify or discontinue the Service (or any part thereof) with or without notice.
3. TSR Gym Technik Ltd. shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

General Conditions

You must read, agree with and accept all of the terms and conditions contained in this User Agreement and the Privacy Policy before you may become a Gym Technik Premium member.

1. We reserve the right to modify or terminate the Service for any reason, without notice at any time.
2. We reserve the right to refuse service to anyone for any reason at any time.
3. Your use of the Service is at your sole risk. The Service is provided on an "as is" and "as available" basis without any warranty or condition, express, implied or statutory.
4. TSR Gym Technik Ltd. does not warrant that the service will be uninterrupted, timely, secure, or error-free.
5. TSR Gym Technik Ltd. does not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
6. You understand that your Content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit Card information is always encrypted during transfer over networks.
7. We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party��s intellectual property or these Terms of Service.
8. You expressly understand and agree that TSR Gym Technik Ltd. shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from the use of or inability to use the service.
9. Technical support is provided to all account holders and is only available via email.
10. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by TSR Gym Technik Ltd.
11. Verbal or written abuse of any kind (including threats of abuse or retribution) of any Gym Technik member, Gym Technik employee, member, or officer will result in immediate account termination.
12. You can cancel your Gym Technik Premium service at any time by selecting "Cancel my premium service" within our "Contact Us Page" at www.gymtechnik.com/support.aspx
13. The failure of TSR Gym Technik Ltd. to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and TSR Gym Technik Ltd. and governs your use of the Service, superseding any prior agreements between you and TSR Gym Technik Ltd. (including, but not limited to, any prior versions of the Terms of Service).
14. Questions about the Terms of Service should be sent to support@gymtechnik.com

Gym Technik NextGen Application For BlackBerry

THE GYM TECHNIK NEXTGEN APPLICATION FOR THE BLACKBERRY IS AVAILABLE TO ALL PREMIUM MEMBERS. READ THE FOLLOWING TERMS AND CONDITIONS OF THIS SUBSCRIPTION BASED SERVICE END USER LICENSE AGREEMENT ("AGREEMENT") CAREFULLY BEFORE PURCHASING, USING OR OTHERWISE SUBSCRIBING TO GYM TECHNIK PREMIUM SERVICE, TECHNOLOGY, AND/OR DATA PLANS ("GYM TECHNIK NEXTGEN APPLICATION") FOR YOUR BLACKBERRY DEVICE ("DEVICE"). BY PURCHASING, SUBSCRIBING TO, DOWNLOADING, INSTALLING, USING, OR OTHERWISE ACCESSING THE GYM TECHNIK NEXTGEN APPLICATION, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, THAT YOU UNDERSTAND IT, AND THAT YOU AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT LOAD THE GYM TECHNIK NEXTGEN SOFTWARE ONTO YOUR DEVICE.

1. The Gym Technik NextGen application for the BlackBerry will e-mail out log files to Gym Technik to enable us to monitor the status of the application. The information is collected so we can improve the product and track bugs and/or crashes. We will not sell this information to a third party.
2. The Gym Technik NextGen application for the BlackBerry requires between 1.4 MB to 5 MB of available space depending on how much data your account needs to sync. TSR Gym Technik Ltd. is not responsible for the loss of any data on your device due to low memory errors of any kind.
3. All rights not expressly stated herein are reserved by TSR Gym Technik Ltd., and Gym Technik disclaims any and all implied licenses. Without limiting the foregoing, You agree not to: (i) reverse engineer, decompile, reverse compile, create compilations or derivative works, translate, adapt, or disassemble the Gym Technik NextGen Application or any part thereof, including the third-party content data; (ii) copy or reproduce the Gym Technik NextGen Application or any part thereof, including the third-party content data, in any form; (iii) publish, display, disclose, sell, rent, lease, store, loan, distribute, publicly display or perform, co-brand, frame, or permit third parties to link to the Gym Technik NextGen Application or any part thereof, including the third-party content data; (iv) assign, sublicense, convey, transfer, pledge as security, or otherwise encumber the rights and licenses granted hereunder; (v) use the Gym Technik NextGen Application in any fashion that may infringe any patent, copyright, trademark, trade secret, or any other intellectual property or proprietary right of TSR Gym Technik Ltd, its third-party data providers, or any other third-party; (vi) directly or indirectly use, broadcast, or distribute the Gym Technik NextGen Application in connection with a television, radio, web, telephone, or telematics application without the specific written approval of Gym Technik; (vii) provide any portion of the Gym Technik NextGen Application to a government agency; or (viii) enter into any agreement with any third-party that in any way restricts, prevents, or hinders the ability of Gym Technik to provide to such third-party the Gym Technik NextGen Application or any other product or service made available by Gym Technik from time to time.
4. You are responsible for any applicable charges and fees associated with any data plan fees or other subscription charges or fees of any kind whatsoever that may be required by your carrier to access the Gym Technik NextGen Application and/or the Gym Technik Mobile Web Application.