Terms of Service
This web site is provided by American Group Fitness, AGX LLC ("AGX GROUP"). Access to, and use of, the information contained in this web site (“Site”) are subject to the terms and conditions listed below. Please read this information carefully. Your use of this Site signifies your agreement to follow and be bound by these terms and conditions.
AGX Group reserves the right to make changes or updates to this Site, the products or programs described in this Site, or these terms and conditions at any time without further notice. Your continued use of this Site following such changes signifies your acceptance of the revised terms and conditions.
Use of Site
You are hereby authorized by AGX Group to view, download, copy and print documents and the graphics incorporated therein ("Materials") from this Site subject to the following restrictions: 1) the Materials may be used solely by you for your own personal informational, educational, or other non-commercial purposes; 2) all copies you make must include any copyright or other proprietary notices originally shown or included in the Materials; 3) you may not modify any of the Materials found at this Site nor attempt to pass off any Materials found at this Site as your own; 4) you may not use, reproduce or publicly display or perform, or distribute any of the Materials within this Site for any commercial or public purpose, unless AGX Group has given you prior written consent to do so; 5) you also may not "mirror" or "frame" any portions of this Site in any other environment without prior written consent from AGX Group. AGX Group reserves the right to terminate the access of any user in its discretion, including users that do not observe these terms and conditions and who infringe or otherwise violate the rights of others.
Use of Software
Any computer software which may be downloaded or is otherwise available from this Site is licensed subject to either the written license agreement between you and AGX Group or the click-on license which you agree to at the time of download or use. Software to which either of these licenses is applicable is subject to the terms of its associated license agreement only, unless expressly stated otherwise. However, if neither a written license nor a click-on license is available, your use of the software will be subject to the following conditions:
- You may not use, reproduce, record, publish, publicly exhibit or distribute any software made available on this Site without AGX Group's express prior written consent;
- You are granted a personal, non-exclusive license to use such software subject to the above restrictions;
- You may not copy, decompile, disassemble, decrypt or otherwise reverse engineer any such software;
- Such software is subject to all Warranties and Disclaimers as set forth below;
- Except as expressly granted elsewhere, AGX Group and its licensors reserve all rights, title and interest in and relating to such software.
Accounts, Passwords and Security
If any of the services provided on this Site requires you to open an account, you must complete the registration process by providing us with current, accurate and complete information as requested on the applicable registration form. You further agree to maintain and promptly update such information to keep it current, accurate and complete. If you are using the services on behalf of your employer, you represent that you are authorized to accept these Terms of Use on your employer's behalf. You are solely responsible for maintaining the confidentiality of your password(s). You acknowledge and agree that certain services may provide password-restricted access to customer information such as names and certain products. By using this Site and registering for such services, you consent to AGX Group's display of such information via the services and accept all risks of unauthorized access to such information. You are also fully responsible for all activities that occur under your account. You agree to notify AGX Group immediately of any unauthorized use of your account or password. AGX Group will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by AGX Group or any other party due to someone else using your account or password. You may not use anyone else's account at any time, without the permission of the account holder.
Warranties and Disclaimers
EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE IN AN AGREEMENT BETWEEN YOU AND AGX Group, ALL INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN NO EVENT SHALL AGX Group BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, ARISING FROM YOUR ACCESS TO, OR USE OF, THIS SITE OR ANY OTHER HYPERLINKED SITE.
Third-Party Materials on this Site
This Site may contain materials from third parties, including software in executable or source code form ("Third-Party Materials"). All Third-Party Materials contained in this Site are subject to the Warranties and Disclaimers set forth above.
Links to Third-Party Sites
Any links to third-party Sites found within this Site are provided solely as an added convenience to you. AGX Group has neither reviewed the contents of these third-party Sites nor does AGX Group claim any responsibility for the content or suitability of these third-party Sites.
Copyright Infringement
If a copyright owner, its agent, or licensee has reason to believe that any material contained on this Site and other Sites controlled by AGX Group may infringe on its copyright, notice must be given in writing of the following: (a) identification of the copyrighted work claimed to have been infringed; (b) identification of the allegedly infringing material; (c) a description of where the material that you claim is infringing is located on the site, including the URL and date on which the material was displayed; (d) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or licensee, or is otherwise permissible by law; and (e) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the copyright owner, agent, or licensee. Anyone who knowingly misrepresents that material is infringing in such a notice will be liable for any damages and any associated costs incurred by AGX Group, any alleged infringer, or any copyright owner or its authorized agent or licensee. Written notice must be sent to AGX Group Attention: General Counsel.
Feedback
Except where expressly provided otherwise by AGX Group, all comments, feedback, information or materials submitted to AGX Group through or in association with this Site shall be considered non-confidential and the property of AGX Group. By submitting any comments, information, materials or other feedback to AGX Group you agree to a no-charge assignment to AGX Group of any rights, title and interest to the comments, information, materials or other feedback. Subject to the AGX Group Privacy Statement, AGX Group shall be free to use such comments, information, materials or other feedback without restriction,
Governing Law and Jurisdiction
This Site is controlled by AGX Group from its offices in Baltimore, Maryland, United States of America. All matters relating to your access to, or use of, this Site shall be governed by U.S. federal law or the laws of the State of Maryland. Any legal action or proceeding relating to your access to, or use of, this Site shall be instituted in a state or federal court in Baltimore or Baltimore County, Maryland. You and AGX Group agree to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding.
Proprietary Rights
This Site contains and references trademarks, patents, trade secrets, technologies, products, processes or other proprietary rights of AGX Group or other parties. No license or right to or in any such trademarks, patents, trade secrets, technologies, products, processes and other proprietary rights of AGX Group or other parties is granted to or conferred upon you.
