GYMatch
This web page represents a legal document that serves as our Terms and Conditions and it governs the legal terms of our website, http://www.GYMatch.com sub-domains, and any associated web-based and mobile applications (collectively,"Website"), as owned and operated by GYMatch .Capitalized terms, unless otherwise defined, have the meaning specified within the Definitions section below. This Terms and Conditions, along with our Privacy Policy, any mobile license agreement, and other posted guidelines within our Website, collectively "Legal Terms", constitute the entire and only agreement between you and GYMatch , and supersede all other agreements, representations, warranties and understandings with respect to our Website and the subject matter contained herein. We may amend our Legal Terms at any time without specific notice to you. The latest copies of our Legal Terms will be posted on our Website, and you should review all Legal Terms prior to using our Website. After any revisions to our Legal Terms are posted, you agree to be bound to any such changes to them. Therefore, it is important for you to periodically review our Legal Terms to make sure you still agree to them. By using our Website, you agree to fully comply with and be bound by our Legal Terms. Please review them carefully. If you do not accept our Legal Terms, do not access and use our Website. If you have already accessed our Website and do not accept our Legal Terms, you should immediately discontinue use of our Website. The last update to our Terms and Conditions was posted on June 14, 2013.
Definitions
The terms "us" or "we" or "our" refers to GYMatch , the owner of the Website. A "Visitor" is someone who merely browses our Website, but has not registered as Member. A "Member" is an individual that has registered with us to use our Service. Our "Service" represents the collective functionality and features as offered through our Website to our Members. A "User" is a collective identifier that refers to either a Visitor or a Member. All text, information, graphics, audio, video, and data offered through our Website are collectively known as our "Content".
Registration Information
For you to complete the sign-up process in our site, you must provide your full legal name, current address, a valid email address, member name and any other information needed in order to complete the signup process. You must qualify that you are 18 years or older and must be responsible for keeping your password secure and be responsible for all activities and contents that are uploaded under your account. You must not transmit any worms or viruses or any code of a destructive nature. Any information provided by you or gathered by the site or third parties during any visit to the site shall be subject to the terms of GYMatch?s Privacy Policy.
WARRANTY DISCLAIMER AND LIMITATIONS OF LIABILITY
We will not be liable for indirect, special, or consequential damages, or any loss of revenue, profits, or data, arising in connection with this Agreement or the Program, even if we have been advised of the possibility of such damages. We make no express or implied warranties or representations with respect to the Program (including, without limitation, warranties of fitness, merchantability, non-infringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, we make no representation that the operation of our site will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors. This site and its information, contents, materials and services are provided on an ?as is? and ?as available? basis. You and understand and agree that your use of this site is at your own risk.
Legal Compliance
You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our Website. GYMatch reserves the right to investigate complaints or reported violations of our Legal Terms and to take any action we deem appropriate, including but not limited to cancelling your Member Account, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information, as allowed under our Privacy Policy.
Intellectual Property
Our Website may contain our service marks or trademarks as well as those of our affiliates or other companies, in the form of words, graphics, and logos. Your use of our Website does not constitute any right or license for you to use such service marks/ trademarks, without the prior written permission of the corresponding service mark/ trademark owner. Our Website is also protected under international copyright laws. The copying, redistribution, use or publication by you of any portion of our Website is strictly prohibited. Your use of our Website does not grant you ownership rights of any kind in our Website.
Spotlight refunds
By using the spotlight service you understand and agree we will not be offering any refunds at all. All orders for the spotlight service are final. Please keep this in mind when ordering.
Payments and Processes of Invoices
GYMatch has the sole discretion to provide the terms of payment. Unless otherwise agreed, payment must first be received by GYMatch prior to the latter?s acceptance of an order. Unless credit term has been agreed upon, payment for the products shall be made by credit card, PayPal or wire transfers. Invoices are due and payable within the time period noted on your invoice, measured from the date of the invoice. An order may be invoice separately. GYMatch has all the discretion to cancel or deny orders. GYMatch is not responsible for pricing, typographical, or other errors in any offer by GYMatch and reserves the right to cancel any orders arising from such errors. Invoices must be paid within 15 days of the invoice date. For all but consumer purchases, GYMatch reserves the right to charge you a late penalty charge of 1% per month applied against undisputed overdue amounts or the maximum rate permitted by law whichever is less. Every 30 days thereafter, you will continue to be charged an additional late penalty charge.
Fraud
FRAUDULENT ACTIVITIES are highly monitored in our site and if fraud is detected GYMatch shall resort al remedies available to us, and you shall be responsible for all costs and legal fees arising from these fraudulent activities.
Links to Other Websites
Our Website may contain links to third party websites. These links are provided solely as a convenience to you. By linking to these websites, we do not create or have an affiliation with, or sponsor such third party websites. The inclusion of links within our Website does not constitute any endorsement, guarantee, warranty, or recommendation of such third party websites. GYMatch has no control over the legal documents and privacy practices of third party websites; as such, you access any such third party websites at your own risk.
Confidentiality
You agree not to disclose information you obtain from us and or from our clients, advertisers, suppliers and forum members. All information submitted to by an end-user customer pursuant to a Program is proprietary information of Investoo.com. Such customer information is confidential and may not be disclosed. Publisher agrees not to reproduce, disseminate, sell, distribute or commercially exploit any such proprietary information in any manner.
NON-ASSIGNMENT OF RIGHTS
Your rights of whatever nature cannot be assigned nor transferred to anybody, and any such attempt may result in termination of this Agreement, without liability to us. However, we may assign this Agreement to any person at any time without notice.
Waiver and Severability of Terms
Failure of the GYMatch to insist upon strict performance of any of the terms, conditions and covenants hereof shall not be deemed a relinquishment or waiver of any rights or remedy that the we may have, nor shall it be construed as a waiver of any subsequent breach of the terms, conditions or covenants hereof, which terms, conditions and covenants shall continue to be in full force and effect. No waiver by either party of any breach of any provision hereof shall be deemed a waiver of any subsequent or prior breach of the same or any other provision. In the event that any provision of these Terms and Conditions is found invalid or unenforceable pursuant to any judicial decree or decision, such provision shall be deemed to apply only to the maximum extent permitted by law, and the remainder of these Terms and Conditions shall remain valid and enforceable according to its terms.
General Terms
Our Legal Terms shall be treated as though it were executed and performed in California, United States, and shall be governed by and construed in accordance with the laws of California, United States, without regard to conflict of law principles. In addition, you agree to submit to the personal jurisdiction and venue of such courts. Any cause of action by you with respect to our Website, must be instituted within one (1) year after the cause of action arose or be forever waived and barred. Should any part of our Legal Terms be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that any Content in our Website conflicts or is inconsistent with our Legal Terms, our Legal Terms shall take precedence. Our failure to enforce any provision of our Legal Terms shall not be deemed a waiver of such provision nor of the right to enforce such provision. The rights of GYMatch under our Legal Terms shall survive the termination of our Legal Terms.
