GXunited Terms and Conditions of Use
Updated November 2018
The terms “we”, “us”, “our” and “GXunited” refers to the company GXunited, a subsidiary of Summer Sides Fitness, LLC. The term the “Site” refers to GXunited.com and all online content. The term “user,” “you” and “your” refers to site visitors, customers and any other users of the site.
Use of GXunited.com, including all materials presented herein and all online services provided, is subject to the following Terms and Conditions. These Terms and Conditions apply to all site visitors, customers, and all other users of the site. By using the Site or Service and/or ordering a product from the Site, you agree to these Terms and Conditions, without modification, and acknowledge reading them.
GXunited reserves the right to revise these Terms and Conditions at any time by updating these Terms and Conditions of Use. Your continued use of the Site constitutes your agreement to comply with such revisions, so please visit this page from time to time.
Use of the Site + Services
GXunited provides a website where users can:
- Read articles on exercise science, group exercise instruction, sport psychology, and other health and fitness related topics (the “Blog”).
- Research group fitness organizations and certifications (the “Education Directory”).
- Obtain ideas for new classes (the “Choreography Exchange”).
- Read articles, view images & video’s on exercise technique (the “Exercise Library”).
- Read articles, view images & video’s on exercise equipment options (the “Equipment Library”).
All resources are simply suggestions for users, and GXunited is not responsible for the manner in which users use the information provided. As a user of the Site, you understand that all exercise comes with inherent risk of injury or death. You should use caution when performing any of the exercises demonstrated or teaching them to others. It is your responsibility to fully understand proper technique and execution in order to reduce your risk of injury. GXunited is not responsible for any injury or death that occurs as a result of execution of any exercises demonstrated within the “Choreography Exchange”, “Exercise Library”, or “Equipment Library”.
Our Intellectual Property
All content provided on the Site and in the Service, including all products and all online class and workshop materials are the intellectual property of GXunited. The content of the Site and Service are protected by United States trademark, trade dress and copyright law. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the content of the Site or the Service, in whole or in part without our prior written consent. You may not remove any trademark, copyright, or other notice from the content of the Site or the Service. We reserve the right to immediately remove you from the Service, without refund, at to pursue all available legal remedies against you if you are caught violating this intellectual property policy. In layman’s terms, please don’t steal any of our content and reposition it to sell as your own. That’s just not right.
GXunited is directly affiliated with MichaelGriffithPhotography.com and all images posted on the Site are used with permission of the photographer (Michael Griffith) and all models used in images. We do reserve the right to use images obtained through third party providers of stock photography and have been used under the laws governing stock photography. Unauthorized copying, reproduction, republishing, uploading, downloading, posting, transmitting or duplicating any of the images and materials is prohibited.
The purpose of this website is to be educational. There are a lot of ideas here, and there are also a lot of suggestions for tools, websites, and ways to take your group exercise experience and instruction to the next level. Some of the links to these tools and websites are just regular old website links. And some of these links are links that, if you click them and purchase, GXunited might get a commission in exchange. While we love that we can get commissions, we are only going to promote and recommend things that we think are great tools, and not because of any kickbacks.
In order to use some areas of the Site, you are required to provide information about yourself including your name, email address, username and password and other personal information. You agree that any registration information you give to GXunited will always be accurate, correct and up to date. You must not impersonate someone else or provide account information or an email address other than your own.
The information in this section applies to all User accounts. You may control your profile information and how you interact with the Site by changing the settings in your Account Settings page. When creating your account or uploading information to the Site through your account, you represent and warrant that you will provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify GXunited immediately of any breach of security or unauthorized use of your account. GXunited will not be liable for any losses caused by any unauthorized use of your account.
You may use the Site and Service for lawful purposes only. Your account must not be used for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction.
You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and to purchase services or products through the Site for legitimate, non-commercial purposes only.
You shall not post or transmit through the Site any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law. In other words, think before you post.
Refusal of Service
GXunited reserves the right to refuse service to any order, person or entity without obligation to assign reason for doing so. GXunited may at any time change or discontinue any aspect or feature of the Site or Service.
Material You Submit to the Site
You shall not upload, post or otherwise make available on the Site any artwork, photos or other materials (collectively “Materials”) protected by copyright, trademark or other proprietary right without the express written permission of the owner of the copyright, trademark or other proprietary right. The burden of determining that any Materials are not so protected rests entirely with you. You shall be liable for any damage resulting from any infringement of copyrights, trademarks, or other proprietary rights, or any other harm resulting from such a submission and shall indemnify GXunited from any claim against GXunited resulting from your posting of Materials to the site. For all Materials submitted by you to the Site, you automatically represent or warrant that you have the authority to use and distribute the Materials, and that the use or display of the Materials will not violate any laws, rules, regulations or rights of third parties.
GXunited reserves the right to remove from the site any Materials submitted by you that it deems inappropriate for the site or that appears to violate these terms and conditions.
Intellectual Property Rights to Your Materials
GXunited does not claim ownership of Material you supply to GXunited. However, the act of posting Material to the site conveys an irrevocable, worldwide license to GXunited to use and distribute the posted Material in connection with GXunited’s website and any related GXunited publications. You retain copyright ownership and any other rights you may rightfully hold in any content that you submit through the Service. By submitting Material to GXunited, you agree to hold GXunited harmless from and against all claims, liabilities and expenses arising out of any potential or actual copyright or trademark misappropriation or infringement claimed against you.
We may at any time amend these Terms and Conditions. Such amendments are effective immediately upon notice to you by us posting the new Terms and Conditions on this Site. Any use of the Site or Service by you after being notified means you accept these amendments. We reserve the right to update any portion of our Site and Service, including these Terms and Conditions at any time. We will post the most recent versions to the Site and list the effective dates on the pages of our Terms and Conditions.
Disclaimer and Limitation of Damages
- GXunited is neither responsible nor liable for any viruses or other contamination of your computer system or other device used to access the Site as a result of your use of the Site. The Site (including, without limitation, all content, software, functions, materials and information made available or described on the site or accessed by means thereof) is provided “as is,” without representations or warranties of any kind, either express or implied, including, without limitation, any express or implied warranty of merchantability, fitness for a particular purpose, title, compatibility, security, accuracy, or non-infringement. Without limiting the foregoing, GXunited makes no warranty or representation, either express or implied, that access to or operation of the Site will be uninterrupted or error free. In no event will GXunited, its suppliers, or any other party involved in creating, producing or delivering the Site’s content be liable for the truth, accuracy or completeness of any information on the Site, for errors or mistakes made by humans or machines, or for any actual, special, indirect, incidental or consequential damages that may arise from the use of, or the inability to use, the Site and/or the materials and information contained on or available through the Site.
- Any statements and opinions appearing on the Site are those of its authors, and GXunited assumes no responsibility for such statements and opinions. Neither GXunited nor its affiliates shall have any liability arising from your reliance upon the information provided on the Site. While GXunited makes reasonable efforts to present accurate and reliable information on the Site, GXunited does not endorse, approve, or certify such information, nor does it guarantee the accuracy, completeness, efficacy, timeliness, or correct sequencing of such information. Any reliance upon any advice, opinion, statement or other information displayed or distributed through the Site is at your sole risk. Please consult a physician or health care professional before using any of the general information that you find on the Site. Reference herein to any specific commercial product, process, or service by trade name, trademark, service mark, manufacturer, or otherwise does not constitute or imply endorsement, recommendation, or favoring by GXunited. Please use caution and common sense in making use of any information on the Site or any other resources on the Internet.
- Use of the Site is at your own risk. You assume full responsibility and risk of loss resulting from your downloading and/or use of files, information, other communications, content or other material (including, without limitation, software) accessed through or obtained by means of the Site.
- Although we do not share or sell customer profile information including email addresses gathered on the Site with outside organizations, we make no guaranty of confidentiality or privacy of any communication or information transmitted on the Site or any site linked to the Site. We will not be liable for the privacy of e-mail addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other content stored on our equipment, transmitted over networks accessed by the Site, or otherwise connected with your use of the Site.
Third Party Resources
The Site and the Service contain links to third party websites and resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content or policies of third party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with GXunited. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments and expenses, as well as third party claims and causes of action, including, without limitation, attorneys’ fees, arising out of any breach by you of any of these Terms and Conditions, or any use by you of the Site or Service. You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defense without our prior written consent.
Effect of Headings
The subject headings of the paragraphs and subparagraphs of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions.
No waiver of any of the provisions of this Agreement by GXunited shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by GXunited.
GXunited operates the Site from its offices in Colorado and makes no representations that materials in the Site are appropriate or available for use in other locations. Access to the Site from any territory where the content is illegal is prohibited. If you choose to access the Site from other locations, you do so at your own risk and are solely responsible for compliance with any and all applicable laws and regulations.
The display of the Site alone does not subject GXunited to any specific jurisdiction. You may not use or export any of the Site materials in violation of U.S. export laws and regulations. If any of the terms herein shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity or enforceability of any remaining terms or condition.
Any claim related to the use of the Site or to the Site materials shall be governed by, construed and enforced in accordance with the laws of the State of Colorado as applied to agreements made and to be performed entirely therein. The parties consent to venue and personal jurisdiction in Denver, Colorado and any and all actions brought in connection with the Site or Site content shall be submitted to binding arbitration conducted in accordance with the rules of conciliation and arbitration of the American Arbitration Association. The parties hereby consent to the arbitration being held in the County of Denver of the State of Colorado. Communications made through the Site’s e-mail and messaging system shall in no way be deemed to constitute legal notice to GXunited or any of its officers, employees, agents or representatives, such as where notice to GXunited is required by contract, or any federal, state or local laws, rules or regulations.
Recovery of Litigation Expenses
If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys’ fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
If any term, provision, covenant, or condition of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.
These Terms and Conditions bind and inure to the benefit of the parties’ successors and assigns. These Terms and Conditions are not assignable, delegable, sublicenseable or otherwise transferable by you. Any transfer, assignment, delegation or sublicense by you is invalid.