The terms of this Agreement may change from time to time. We will notify you of any material changes by posting a notice on proformendure.com for a reasonable period of time after such changes are made, and by changing the “Last Updated” date at the top of this webpage. We encourage you to check this page periodically for any changes. Your continued use of any of the Sites following the posting of changes to this Agreement will mean you accept those changes.
In addition, when using particular services or features or making purchases on any of the Sites, you shall be subject to any posted guidelines or policies applicable to such services, features or purchases that may be posted from time to time. All such guidelines or policies are hereby incorporated by reference into this Agreement.
II. Not Healthcare Advice
This site is not intended to provide medical advice, diagnosis or treatment. The products, information, services and other content provided on and through this Site, including information that may be provided on the Site directly or via linking to third-party sites by a healthcare or nutrition professional, are provided for informational purposes only. Please consult with your physician or other healthcare professional (collectively, “Healthcare Professional”) regarding any medical or health-related diagnosis or treatment options.
The products and the claims made about specific products on or through this site have not been evaluated by the United States Food and Drug Administration and are not intended to diagnose, treat, cure or prevent disease. The information provided on this site is for informational purposes only and is not intended as a substitute for advice from your physician or other healthcare professional or any information contained on or in any product label or packaging. You should not use the information on this site for diagnosis or treatment of any health problem or for prescription of any medication or other treatment. You should consult with a healthcare professional before starting any diet, exercise or supplementation program, before taking any medication, or if you have or suspect you might have a health problem.
None of the Sites are not intended to provide medical advice, diagnosis or treatment. The products, information, services and other content provided on and through any of the Sites, including information that may be provided on any of the Sites directly or via linking to third-party sites by a healthcare or nutrition professional, are provided for informational purposes only. Please consult with your physician or other healthcare professional (collectively, “Healthcare Professional”) regarding any medical or health-related diagnosis or treatment options. The information provided on any of the Sites and Linked Sites (as defined), including information relating to medical and health conditions, products and treatments, is often provided in summary or aggregate form. Again, it is not intended as a substitute for advice from your Healthcare Professional, or any information contained on or in any product label or packaging.
You should not use the information or services on any of the Sites for diagnosis or treatment of any health issue or for prescription of any medication or other treatment. You should always consult with your Healthcare Professional, and carefully read all information provided by the manufacturer of a product and on or in any product label or packaging, before using any medication or nutritional, herbal or homeopathic product, before starting any diet or exercise program or before adopting any treatment for a health problem. Each person is different, and the way you react to a particular product may be significantly different from the way other people react to such product. You should also consult your Healthcare Professional regarding any interactions between any medication you are currently taking and nutritional supplements. Pro-Form Endure employees are encouraged to voluntarily participate in our forums including describing their experiences with specific products. Any comments made by employees in these forums or in reviewing products are strictly their own personal views made in their personally capacity. These comments are not claims made by Pro-Form Endure nor do they represent the view or position of Pro-Form Endure.
If you make a purchase on any of the Sites, your purchase will be subject to the terms of our Purchase Policy, which is hereby incorporated into and made part of this Agreement. Please review our Purchase and Shipping Policy before making any such purchase. By submitting payment information in connection with any such purchase, you agree to be bound by the terms of our Purchase Policy.
V. Copyright; Trademarks
You acknowledge that all materials on any of the Sites, including any of the Sites’ design, graphics, text, sounds, pictures, software and other files and the selection and arrangement thereof (collectively, “Materials”), are the property of Pro-Form Endure or its licensors, and are subject to and protected by United States and international copyright and other intellectual property laws and rights. All rights to Materials not expressly granted in this Agreement are reserved to their respective copyright owners. Except as expressly authorized by this Agreement or on any of the Sites, you may not copy, reproduce, distribute, republish, download, perform, display, post, transmit, exploit, create derivative works or otherwise use any of the Materials in any form or by any means, without the prior written authorization of Pro-Form Endure or the respective copyright owner. Proform-Endure authorizes you to view and download the Materials only for personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices contained in the original Materials. You may not modify or adapt the Materials in any way or otherwise use them for any public or commercial purposes. The trademarks, service marks, trade names, trade dress and logos (collectively, “Marks”) contained or described on any of the Sites are the sole property of Pro-Form Endure and/or its suppliers or licensors and may not be copied, imitated or otherwise used, in whole or in part, without the prior written authorization of Pro-Form Endure and/or its suppliers or licensors. In addition, all page headers, custom graphics, button icons and scripts are Marks of Pro-Form Endure and may not be copied, imitated or otherwise used, in whole or in part, without the prior written authorization of Pro-Form Endure. Pro-Form Endure will enforce its intellectual property rights to the fullest extent of the law.
VI. Links; Third Party Websites
Links on any of the Sites to third party websites are provided only as a convenience to you. If you use these links, you will leave the Sites. Pro-Form Endure does not control or endorse any such third party websites. You agree that Pro-Form Endure Parties will not be responsible or liable for any content, goods or services provided on or through these outside websites or for your use or inability to use such websites. You will use these links at your own risk.
Without limiting the foregoing, your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the use of any of the Sites, including payment for and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser.
VII. Site Usage; Termination of Usage
You are required to establish an account on this Sites in order to take advantage of certain features of the Sites, such as making a purchase. If you provide information on any of the Sites, you agree to (a) provide true, accurate, current and complete information about yourself as prompted by any of the Sites, and (b) maintain and promptly update such information to keep it true, accurate, current and complete to the extent the Sites facilitates such updates. If you provide any information that is false, inaccurate, outdated or incomplete, or Pro-Form Endure has reasonable grounds to suspect that such information is false, inaccurate, outdated or incomplete, Pro-Form Endure has the right to suspend or terminate your account and prohibit any and all current or future use of any of the Sites (or any portion thereof) by you.
You will create a username and password while completing the account registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Proform-Endure of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. You agree to be responsible for all charges resulting from the use of your account on any of the Sites, including charges resulting from unauthorized use of your account prior to your taking steps to prevent such occurrence by changing your password and notifying Pro-Form Endure.
You agree to use this Sites only for lawful purposes, and that you are responsible for your use of and communications on any of the Sites. You agree not to post on or transmit through any of the Sites any unlawful, infringing, threatening, harassing, defamatory, vulgar, obscene, profane, indecent, offensive, hateful or otherwise objectionable material of any kind, including any material that encourages criminal conduct or conduct that would give rise to civil liability, infringes others’ intellectual property rights or otherwise violates any applicable local, state, national or international law. You agree not to use any of the Sites in any manner that interferes with its normal operation or with any other user’s use and enjoyment of any of the Sites.
You further agree that you will not access any of the Sites by any means except through the interface provided by Pro-Form Endure for access to any of the Sites. Creating or maintaining any link from another website to any page on any of the Sites without the prior written authorization of Pro-Form Endure is prohibited. Running or displaying any of the Sites or any information or material displayed on any of the Sites in frames or through similar means on another website without the prior written authorization of Pro-Form Endure is prohibited. Any permitted links to any of the Sites must comply with all applicable laws, rule and regulations.
Pro-Form Endure makes no representation that Materials contained on any of the Sites or products described or offered on any of the Sites are appropriate or available for use in jurisdictions outside the United States, or that this Agreement complies with the laws of any other country. Visitors who use any of the Sites and reside outside the United States do so on their own initiative and are responsible for compliance with all laws, if and to the extent local laws are applicable. You agree that you will not access any of the Sites from any territory where its contents are illegal, and that you, and not Pro-Form Endure Parties, are responsible for compliance with applicable local laws.
You agree that Pro-Form Endure may terminate or suspend your access to all or part of any of the Sites, without notice, for any conduct that Pro-Form Endure, in its sole discretion, believes is in violation of this Agreement or any applicable law or is harmful to the interests of another user or Pro-Form Endure Parties.
Sections IV, VII through XII and XIV shall survive any termination of this Agreement.
VIII. User Content and Conduct
Where applicable at any of the Sites, you are invited to post your own content (“User Content”). Please note that the Sites are intended for adult use; if you are under the age of 13, do not submit any User Content to any of the Sites.
You understand that all User Content, whether you have publicly posted on a forum or privately transmitted to another user or to us, is your sole responsibility. Though the Sites are designed to be a safe place to share such User Content, Pro-Form Endure cannot guarantee that other users will not misuse the User Content that you share. If you have any User Content that you would like to keep confidential and/or do not want others to use, do not post it to any of the Sites.
By posting any User Content at the Site, you hereby grant Pro-Form Endure a royalty-free, fully paid up, perpetual, irrevocable, non-exclusive and fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, combine with other works, create derivative works from, distribute, perform, edit and display such User Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. You specifically waive any “moral rights” in and to the User Content. The foregoing grant includes, without limitation, any copyrights and other intellectual property rights in and to your User Content. You represent and warrant that: you own the User Content posted by you on or through any of the Sites or otherwise have the right to grant the license set forth above; and the posting of your User Content on or through any of the Sites does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any User Content you posted to or through any of the Sites.
You acknowledge and agree that Pro-Form Endure may preserve User Content and may also disclose User Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: comply with legal process; enforce this Agreement; respond to claims that any User Content violates the rights of third-parties; or protect the rights, property, or personal safety of Pro-Form Endure, its users and the public. You understand that the technical processing and transmission of any of the Sites, including your User Content, may involve: transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices.
You agree to each of the conditions in this Agreement and further agree that each of these conditions applies forever and broadly with regard to Pro-Form Endure worldwide. Posting of User Content to or through any of the Sites, including ideas or disclosures of opinions, is voluntary on your part. No confidential or contractual relationship is established by your posting of User Content or is to be implied by our review or subsequent use of your User Content. Pro-Form Endure shall not be liable for any disclosure of any User Content, including opinion(s) or suggestion(s), you post to or through any of the Sites. Pro-Form Endure SHALL BE ENTITLED TO UNRESTRICTED USE OF ANY USER CONTENT IT MAY RECEIVE FROM YOU AT OR THROUGH ANY OF THE SITES, FOR ANY PURPOSE WHATSOEVER, COMMERCIAL OR OTHERWISE, WITHOUT COMPENSATION TO YOU AS PROVIDER OF THE USER CONTENT
You agree that you will not use the Site to:
upload, post, email or otherwise transmit any User Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
harm minors in any way;
impersonate any person or entity, including, but not limited to a representative of Proform-Endure, or falsely state or otherwise misrepresent your affiliation with a person or entity;
forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content transmitted through any of the Sites;
upload, post, email or otherwise transmit any User Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
upload, post, email or otherwise transmit any User Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights (“Rights”) of any party;
upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, except in those areas that are designated for such purpose;
upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, emulate, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users of the Site are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges;
interfere with or disrupt any of the Sites or servers or networks connected to any of the Sites, or disobey any requirements, procedures, policies or regulations of networks connected to any of the Sites;
“stalk” or otherwise harass another; or
collect or store personal data about other users of any of the Sites.
gain access to unauthorized areas of any of the Sites or our network or servers.
We will terminate the account and/or block users who repeatedly violate the intellectual property rights of any other person on any of the Sites.
You understand that by using any of the Sites, you may be exposed to User Content created by others that is offensive, indecent or objectionable. Pro-Form Endure does not endorse or have control over the User Content. User Content is not reviewed by Pro-Form Endure prior to posting and does not reflect the opinions or policies of Pro-Form Endure. Pro-Form Endure makes no representations or warranties, express or implied as to the User Content or the accuracy and reliability of the User Content or any other material or information that you may access through any of the Sites. Pro-Form Endure assumes no responsibility for monitoring any of the Sites for inappropriate submissions or conduct. If at any time Pro-Form Endure chooses, in its sole discretion, to monitor any of the Sites, Pro-Form Endure nonetheless assumes no responsibility for the User Content, has no obligation to modify or remove any inappropriate User Content, and has no responsibility for the conduct of any of the Sites’ users submitting any such User Content. Notwithstanding the foregoing, Pro-Form Endure and its designees shall have the right to remove any User Content that violates this Agreement or is otherwise objectionable, in Pro-Form Endure’s sole discretion. You agree that you must evaluate, and bear all risks associated with, the use of any User Content, including any reliance on the accuracy, completeness, or usefulness of such User Content. In this regard, you acknowledge that you may not rely on any User Content.
You are solely responsible for your interactions with other users of any of the Sites. Pro-Form Endure reserves the right, but has no obligation, to monitor disputes between you and other users and to terminate your access to any of the Sites, in its sole discretion.
IX. Applicable Law; Jurisdiction; Dispute Resolution
This Agreement shall be governed by and construed in accordance with the Federal Arbitration Act, applicable federal laws, and the laws of the State of New York in the United States, without regard to its choice of law provisions.
Any dispute or claim relating in any way to your use of any of the Sites, or to any products or services sold or distributed by Pro-Form Endure or through any of the Sites will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. You understand and agree that you are waiving your right to sue or go to court to assert or defend your rights under this Agreement. The Federal Arbitration Act and federal arbitration law apply to this Agreement. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of this Agreement as a court would. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent Corporation Service Company, 830 Bear Tavern Road, West Trenton, New Jersey, 08628. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA’s Supplementary Procedures for Consumer Related Disputes. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, Pro-Form Endure will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.
WE EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. We each agree that any arbitrator hearing a claim may not: (i) combine more than one individual’s claim or claims into a single case; (ii) order, require, participate in or facilitate production of class-wide contact information or notification of others of potential claims; or (iii) arbitrate any form of a class, collective, or representative proceeding. If for any reason a claim proceeds in court rather than in arbitration WE EACH WAIVE ANY RIGHT TO A JURY TRIAL. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
X. Severability; Interpretation
If any provision of this Agreement is deemed illegal or unenforceable, the remainder of this Agreement shall continue to be fully valid, binding, and enforceable. When used in this Agreement, the term “including” shall be deemed to be followed by the words “without limitation.”
XI. Entire Agreement
This Agreement constitutes the entire and only Agreement between Proform-Endure and each user of any of the Sites with respect to the subject matter of this Agreement and supersedes any and all prior or contemporaneous Agreements, representations, warranties and understandings, written or oral, with respect to the subject matter of this Agreement.
The failure of Pro-Form Endure Parties to insist upon strict adherence to any term of this Agreement shall not constitute a waiver of such term and shall not be considered a waiver or limit that party’s right thereafter to insist upon strict adherence to that term or any other term of this Agreement.
We respect the intellectual property rights of others and require that users of any of the Sites do the same. If you believe that your proprietary work has been copied in a way that constitutes copyright infringement, please forward the following information to Pro-Form Endure’s Copyright Agent, designated as such pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(2), named below:
A physical signature of the person authorized to act on behalf of the owner of the copyright;
A description of the copyrighted work that you claim has been infringed;
A description of where the material that you claim is infringing is located on the Service;
Your address, telephone number, and email address;
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
6. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
169 West, 23 Street
New York, 11374, USA
Attn: Copyright Agent
If you have any comments or questions regarding this Agreement, or wish to report any violation of this Agreement, please contact us. We will address any issue to the best of our abilities as soon as possible.