Most Recent Update: 04/04/2018
Please read these Terms and Conditions of Use carefully before downloading, accessing or using the Site or any Retro Online Services.
The Site and the Retro Online Services are intended to be used solely by individuals over the age of 18.
OWNERSHIP OF SITE/CONTENT
Unless otherwise indicated, this Site, the Retro Online Services, and their design, text, content, selection and arrangement of elements, organization, graphics, and the design, compilation, and other matters related to this Site or the Retro Online Services (collectively, “Content”) are protected under applicable intellectual property and other laws, including, without limitation, those of the United States. Retrofitness, LLC is the owner or licensee of the Site and Content. All Content and intellectual property rights herein are protected pursuant to applicable copyright and trademark laws. Our posting of any Content on this Site or on any Retro Online Service does not constitute a waiver of any right in such Content. You shall not reproduce, duplicate, distribute (including by way of email or other electronic means), publish (including posting on another website) modify, copy, make derivative works from, sell, exploit or transmit any Content from this Site or any Retro Online Service in any form or by any means. Such conduct is strictly prohibited without the express prior written consent of Retrofitness, LLC. The Content may only be used for personal, non-commercial purposes.
Retrofitness grants you a personal, limited, non-exclusive, non-transferable license to access, view and make personal and non-commercial use of the Site and the Retro Online Services. You may not use this Site or the Retro Online Services to gain unauthorized access to Retrofitness networks or computer systems or to engage in any activity that disrupts or otherwise interferes or tampers with the Site (and associated servers or networks connected to the Site) or any of the Retro Online Services. You agree not to access the Site or any of the Retro Online Services through any automated means (such as through the use of scripts or web crawlers, etc.).
We reserve the right, at any time and for any reason, without providing you with notice and without incurring any liability, to modify, suspend or terminate operation of or access to any Retro Online Service or the Site, or any portion thereof, to change the Retro Online Services, to interrupt access to and/or the operation of the Retro Online Services for any purpose, restrict your access to the Site or the Retro Online Services, whether in whole or in part, and to terminate any and all authorization granted to you in relation to the permissions, rights, authorizations and/or licenses granted to you, in which event, you shall immediately destroy all such Content.
Retrofitness logo and all page headers, custom graphics, button icons, trademarks, service marks and logos appearing on this Site, unless otherwise noted, are service marks, trademarks (whether registered or not) and/or trade dress of Retrofitness (the “Marks”). You are not authorized to display or use the Marks in any manner without the express prior written consent of Retrofitness. The use or misuse of the Marks or other trademarks, names, logos, service marks and/or trade dress or any other materials contained herein, except as permitted herein, is expressly prohibited. All other product and company names and trademarks mentioned, displayed, cited or otherwise indicated on the Site are the property of their respective owners.
SITE / RETRO ONLINE SERVICE SUBMISSIONS
We reserve the right to immediately terminate your use of, or access to, this Site and/or any of the Retro Online Services at any time for any reason in its sole discretion. We further reserve the right to modify or discontinue the Site or any portion, and the Retro Online Services, or any portion thereof, at any time without notice.
PROGRAMS AND PROMOTIONS
COPYRIGHT INFRINGEMENT NOTIFICATION
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under the United States Copyright Law. If you believe, in good faith, that any Content available on the Site or on any of the Retro Online Services infringe your copyright, you (or your agent, as applicable) should send us a notice requesting that we remove the infringing Content, or block access to it. If you believe, in good faith, someone has wrongly submitted a notice to us under this paragraph, then you should send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed under the DMCA, as it may be amended. Details may be found at http://www.copyright.gov/ .
Additionally, if you believe that any of your works have been improperly copied or posted on the Site or any of the Retro Online Services, then please provide us with the above-referenced notice and the following information: (i) your name, address, telephone number and email address; (ii) a description of the work you claim has been infringed; (iii) the identification of the applicable portion of the Site or Retro Online Services where the work is used, posted or published; (iv) a written statement signed by you affirming that you have a good faith belief that the disputed use is not authorized and constitutes copyright infringement or trademark infringement, which statement must be signed by the owner under penalty of perjury and must include a representation that all information contained therein is true and accurate; and (v) information to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address; Notices should be sent to the address listed below in the Notice Provision.
If you are a user outside the United Sates and are not subject to the DMCA, you should notify us of your copyright infringement claim in writing and in accordance with the above procedure and other applicable intellectual property laws.
LINKS TO THIRD PARTY SITES AND SOCIAL MEDIA PAGES
The Site and the Retro Online Services may contain links to third-party websites and social media platforms (the “Third Party Links”). The Third Party links are provided for your convenience only. If you click on any Third Party Link or decide to visit any Third Party Linked site or platform, you do so at your own risk. We have no responsibility and we shall not have any liability for any Third Party Links, or the content, policies, actions, or functions thereof. We are not responsible for the quality of any Third Party Links or sites, or any products, services of information provided in connection therewith. The existence of any Third Party Links does not imply in any way that we sponsor, endorse, or are in any way affiliated with or associated with any such Third Party Links.
NO WARRANTIES; DISCLAIMERS
TO THE FULLEST EXTENT PERMITTED BY LAW, WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THIS SITE, THE RETRO ONLINE SERVICES OR THE CONTENT, OR ANY SITE WITH WHICH IT IS LINKED, WHICH ARE EACH PROVIDED FOR USE “AS IS” AND ON AN “AS AVAILABLE” BASIS. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, QUALITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THIS SITE, THE RETRO ONLINE SERVICES, THE CONTENTS, AND ANY SITE WITH WHICH THIS SITE MAY BE LINKED. WE DO NOT WARRANT THAT THE RETRO ONLINE SERVICES, THIS SITE, ITS SERVERS OR E-MAIL SENT FROM US WILL BE ERROR FREE, UNINTERRUPTED, OR OTHERWISE FREE OF ANY HARMFUL COMPONENTS (INCLUDING VIRUSES), OR THAT ANY DEFECTS WILL BE CORRECTED. WE ALSO MAKE NO REPRESENTATIONS OR WARRANTIES AS TO WHETHER THE INFORMATION ACCESSIBLE VIA THIS SITE, OR ANY SITE WITH WHICH IT IS LINKED, IS ACCURATE, COMPLETE, OR CURRENT. WE DO NOT PROVIDE ANY REPRESENTATIONS OR WARRANTIES AGAINST THE POSSIBILITY OF DELETION, MISDELIVERY OR FAILURE TO STORE COMMUNICATIONS, PERSONALIZED SETTINGS, OR OTHER DATA. YOU ACCEPT THAT OUR PARENT, AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, FRANCHISEES, AND SUPPLIERS SHALL HAVE THE BENEFIT OF THIS CLAUSE.
WE MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE USE OF THE RETRO ONLINE SERVICES OR THE SITE, OR ANY MATERIALS, PROGRAMS, PROMOTIONS, OFFERS, FEATURES AND/OR SERVICES MADE AVAILABLE THROUGH THE SITE OR THE RETRO ONLINE SERVICES, INCLUDING, WITHOUT LIMITATION, AS TO ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.
EXCLUSIONS/LIMITATIONS OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, WE, ON BEHALF OF OURSELVES AND OUR PARENT, AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, FRANCHISEES, AND SUPPLIERS, EXCLUDE AND DISCLAIM LIABILITY FOR ANY LOSSES AND EXPENSES OF WHATEVER NATURE AND HOWSOEVER ARISING INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, LOSS OF USE, LOSS OF DATA, LOSS CAUSED BY A VIRUS, LOSS OF INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, CLAIMS OF THIRD PARTIES, OR OTHER LOSSES OF ANY KIND OR CHARACTER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF ANY OF THE RETRO ONLINE SERVICES, THE SITE OR ANY CONTENT PROVIDED ON THE SITE. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, EQUITY, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER BASIS. THE FOREGOING SHALL NOT PRECLUDE RECOVERY OF DAMAGES FOR PERSONAL INJURY, LOSS OR DAMAGE TO PERSONAL PROPERTY, OR UNAUTHORIZED USE OR DISCLOSURE OF PERSONALLY IDENTIFIABLE INFORMATION CAUSED BY RETROFITNESS’S GROSS NEGLIGENCE, RECKLESSNESS, FRAUD OR OTHER WILFUL, UNCONSCIONABLE OR INTENTIONAL MISCONDUCT. NOTHING HEREIN SHALL BE CONSTRUED TO LIMIT THE CLEARLY ESTABLISHED LEGAL RIGHT OF A CONSUMER TO RECOVER ATTORNEYS’ FEES OR OTHER REMEDIES AFFORDED BY STATUTE OR OTHER LAW. LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
You shall comply with all applicable laws, statutes, ordinances and regulations regarding your use of the Site and your use of the Retro On line Services. If you provide us any information through the Site or the Retro Online Services, you agree to provide true, accurate, current and complete information about yourself. You agree not to attempt to upload or transmit through the Site any computer viruses, trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer or system. Any unauthorized modification, tampering or change of any information, or any interference with the availability of or access to the Site or to any of the Retro Online Services is strictly prohibited. Retrofitness reserves all rights and remedies available to it.
Except as explicitly stated otherwise, any notices shall be given by postal mail to Retrofitness, LLC, 182 Route 537, Colts Neck, NJ 07722, email@example.com, (in the case of notice to Retrofitness) or to the email address you provide to us (in the case of notice to you). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address you have provided to us. In such case, notice shall be deemed given 3 days after the date of mailing.
Any questions, comments, or issue with this Site should be addressed to the Site Administrator at firstname.lastname@example.org.
GOVERNING LAW, VENUE AND DISPUTE RESOLUTION
This Agreement is governed by, and construed in accordance with U.S. Federal laws and the laws of the State of New Jersey, without giving effect to any principles of conflicts of law. For any claims not subject to mandatory arbitration pursuant to this agreement, you agree to submit to the exclusive jurisdiction of the courts of the State of New Jersey or, if appropriate, the United States District Court for the District of New Jersey for resolution of any dispute, action or proceeding arising in connection with this Agreement or your use of the Site, and you further irrevocably waive any right you may have to trial by jury in any such dispute, action or proceeding.
RULES FOR THE AMERICAN ARBITRATION ASSOCIATION ARE AVAILABLE AT: https://www.adr.org.
NO AGENCY RELATIONSHIP
ENTIRE AGREEMENT; SEVERABILITY; GENERAL PROVISIONS