Terms & Conditions
1. ACCEPTANCE OF TERMS
2. MODIFICATIONS TO THIS AGREEMENT
We reserve the right, at our sole discretion, to change, modify or otherwise alter these terms and conditions at any time. Such modifications shall become effective immediately upon the posting thereof. You must review this agreement on a regular basis to keep yourself apprised of any changes.
3. ELIGIBILITY FOR USE
Gym Hunter reserves some parts of the Service exclusively for professional purchasers, sellers, collectors and resellers of items and accessories who are acceptable to Gym Hunter in its sole discretion. Although Gym Hunter attempts to limit the use of these parts of the Service to such purchasers, sellers, collectors and resellers of items and accessories, nothing herein shall create any right of action against Gym Hunter for failing to adequately screen potential users or prevent the use of Gym Hunter or the Service by users who are not professional purchasers, sellers, collectors and resellers of items or accessories.
You understand that all advertisements, postings, messages, text, files, images, photos, video, sounds, or other materials (“Content”) posted on, transmitted through, or linked from the Service are the sole responsibility of the person from whom such Content originated. More specifically, you are entirely responsible for each individual item of Content that you post, email or otherwise make available via the Service. Likewise, if you request the assistance of Gym Hunter to post content, or if you imply consent that Gym Hunter may post content on your behalf, either by written or oral means, or you fail to inform Gym Hunter that content should be removed; you are equally responsible for the content. You waive any and all claims against Gym Hunter of a right of publicity for your image or likeness throughout the world by posting any information or pictures of yourself on Gym Hunter. You understand that Gym Hunter does not control, and is not responsible for personal Content made available through the Service, and that by using the Service, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. When you post User Content to the Service, you authorise and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the Content on the Service. By posting Content to any part of the Service, you automatically grant, and you represent and warrant that you have the right to grant, to the Company an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such Content for any purpose on or in connection with the Service or the promotion thereof, to prepare derivative works of, or incorporate into other works, such Content, and to grant and authorise sublicenses of the foregoing. Furthermore, Gym Hunter and Content available through the Service may contain links to other websites, which are completely independent of Gym Hunter. Gym Hunter makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site. Following links to any other websites is at your own risk. You agree that you must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will Gym Hunter be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the Service. You acknowledge that Gym Hunter does not pre-screen or approve Content, but that Gym Hunter shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the Service, for violating the letter or spirit of the TOU or for any other reason.
5. THIRD PARTY CONTENT, SITES, AND SERVICES
Gym Hunter and Content available through the Service may contain features and functionalities that may link you or provide you with access to third party content which is completely independent of Gym Hunter, including web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole. Your interactions with organisations and/or individuals found on or through the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organisations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. We do not guarantee the quality, safety or legality of, any Content, the truth or accuracy of the descriptions of any goods or services offered for sale, the right of the sellers to sell or license any such goods or services, or the ability of any buyer to purchase any such goods or services. The Service is designed for experienced buyers accustomed to buying goods and services based on photographs and/or descriptive text. Buyers should assume that any goods offered are not new, unless otherwise stated, nor in perfect condition, and may require touch-up or repairs prior to use and that the available information about the items may be limited. It is not possible for Gym Hunter to verify information provided by the seller of any item.
You agree that Gym Hunter shall not be responsible or liable for any loss or damage of any sort incurred as the result of any dealings between users of the Service. If there is a dispute between users of the Service, or between users and any third party, you understand and agree that Gym Hunter is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby forever release Gym Hunter, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or our service.
6. NOTIFICATION OF CLAIMS OF INFRINGEMENT
If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please send your notice (“Notice”) to Gym Hunter’s agent for notice of claims of copyright or other intellectual property infringement:
by email: firstname.lastname@example.org
Please include the following with your Notice to our Abuse Agent:
The identity of the material on Gym Hunter that you claim is infringing, in sufficient detail so that we may locate it on the website;
A statement by you that you have a good faith belief that the disputed use is not authorised by the copyright owner, its agent, or the law;
Your address, telephone number, and email address;
A statement by you declaring under penalty of perjury that
(i) the above information in your Notice is accurate, and
(ii) that you are the owner of the copyright interest involved or that you are authorised to act on behalf of that owner; and Your physical or electronic signature.
7. PRIVACY AND INFORMATION DISCLOSURE
You agree not to post, email, or otherwise make available Content:
- that is unlawful, harmful, threatening, abusive, harassing, defamatory, libellous, invasive of another’s privacy, or is harmful to minors in any way;
- that is pornographic or depicts a human being engaged in sexual activities or exposing sexual organs unfitting for the Service;
- that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
- that suggests a discriminatory preference based on race, colour, national origin, religion, sex, familial status or handicap (or violates any state or local law prohibiting discrimination on the basis of these or other characteristics);
- that violates federal, state, or local equal employment opportunity laws, including but not limited to, stating in any advertisement for employment a preference or requirement based on race, colour, religion, sex, national origin, age, or disability;
- that impersonates any person or entity, including, but not limited to, a Gym Hunter employee, or falsely states or otherwise misrepresents your affiliation with a person or entity (this provision does not apply to Content that constitutes lawful non-deceptive parody of public figures.);
- that includes personal or identifying information about another person without that person’s explicit consent;
- that is fraudulent, false, deceptive, misleading, deceitful, misinformative, or constitutes “bait and switch”;
- that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
- that constitutes or contains “affiliate marketing,” “link referral code,” “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or unsolicited commercial advertisement;
- that constitutes or contains any form of advertising or solicitation if: posted in areas of Gym Hunter which are not designated for such purposes;
- or emailed to Gym Hunter users who have not indicated in writing that it is ok to contact them about other services, products or commercial interests. that includes links to commercial services or web sites, except as specifically permitted;
- that advertises any illegal service or the sale of any items the sale of which is prohibited or restricted by any applicable law, including without limitation items the sale of which is prohibited or regulated by Australian Law;
- that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- that disrupts the normal flow of dialogue with an excessive amount of Content (flooding attack) to the Service, or that otherwise negatively affects other users’ ability to use the Service;
- or that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Service.
Additionally, you agree not to:-
- contact anyone who has asked not to be contacted;
- “stalk” or otherwise harass anyone;
- collect personal data about other users for commercial or unlawful purposes;
- use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Service – unless expressly permitted by Gym Hunter;
- post irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure;
- post the same item or service in more than one classified category or forum;
- attempt to gain unauthorised access to Gym Hunter’s computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service or Gym Hunter;
- or use any form of automated device or computer program that enables the submission of Content on Gym Hunter without such Content being manually entered by the author thereof (an “automated posting device”), including without limitation, the use of any such automated posting device to submit Content in bulk, or for automatic submission of Content at regular intervals.
9. POSTING AGENTS
A “Posting Agent” is a third-party agent, service, or intermediary that offers to post Content to the Service on behalf of others. To moderate demands on Gym Hunter’s resources, you may not use a Posting Agent to post Content to the Service without express permission or license from Gym Hunter. Correspondingly, Posting Agents are not permitted to post Content on behalf of others, to cause Content to be so posted, or otherwise access the Service to facilitate posting Content on behalf of others, except with express permission or license from Gym Hunter.
10. Provisions Specific to Users that are Job Candidates or Professionals Available for Hire
The provisions of this Section 10 of the Agreement are specific to Users that use the Site as Candidates (including as Job Seekers). If you are using the Site as a Candidate, then in the event of a conflict between the provisions of this Section 8 and the rest of the Agreement, the provisions of this Section 10 will control.
If you indicate in your Account that you are interested in job opportunities, you must be permitted to legally work within your applicable jurisdiction.
In addition to applying for a job posting as a “Job Seeker”, you can also browse the Site and receive job alerts from the Site regarding jobs that may be of interest to you (“Job Alerts”).
B. Job Applications
As a registered Job Seeker you will be able to submit job applications through the Site (“Job Applications”) for jobs that are listed on the Site (“Job Listings”). You will have the ability to choose how to submit your Job Application through the Site using the options offered through the Site.
Please note that once you have submitted a Job Application through any feature of the Site, your resume and other applicable information will be shared with the Employer that posted the Job Listing. You should therefore ensure that the information in your User Profile is complete and accurate, and only contains information you are comfortable sharing with Employers, prior to submitting a Job Application.
C. Candidate Database
In addition to submitting Job Applications through the site, you will have the opportunity to, but will not be required to, elect to include your profile as part of the Site’s candidate database (the “Candidate Database”) at the time you register to use the Site. If you do not elect to include your profile in the Candidate Database at the time you register to use the Site, as a registered Job Seeker you may subsequently elect to include your profile in the Candidate Database by adjusting the settings in your account.
D. Interactions with Employers and other Persons Contacting You Through the Site
You are solely responsible for your interactions with Employers and other persons who you contact, or who contact you, through the Site. Please note that there are risks, including but not limited to the risk of physical harm, that may arise when dealing with strangers, including persons who may be acting under false pretences. You should therefore use caution with regard to the information you elect to share as part of your User Profile.
Only list the contact information on your profile or Job Applications that you are comfortable disclosing to Employers and other Users of the Site.
Although GYMHUNTER requests that Employers maintain the confidentiality of the Job Applications and resumes they receive through the Site, GYMHUNTER cannot and does not guarantee that the information you provide to Employers through the Site as part of a Job Application or resume will be held in confidence or properly secured by each applicable Employer. In addition, GYMHUNTER takes no responsibility and assumes no liability for any Job Listing that any Employer posts or sends through the Site. You agree that GYMHUNTER is not responsible or liable for the conduct of any Employer.
11. Provisions Specific to Users Who are Employers or Who Contact Professionals on the Site
The provisions of this Section 11 of the Agreement are specific to Users that use the Site as Employers or who contact professionals through their profiles. If you are using the Site as an Employer or contacting a professional through a profile, then in the event of a conflict between the provisions of this Section 11 and the rest of the Agreement, the provisions of this Section 11 will control.
If you are an Employer or are otherwise contacting a professional on the Site, you agree that you will not use the Site to post or promote any position that contains inaccurate, false, or misleading information; includes any screening requirement or criterion in connection with a job posting where such requirement or criterion is not an actual and legal requirement of the posted job; involves any franchise, pyramid scheme, "club membership", distributorship, or multi-level marketing opportunity; requires applicants to pay to apply, pay for training, pay for training materials, or pay for samples. You agree not to use the Site to post or promote any position that is compensated on a commission basis only, unless clearly stated in your posting. When using the Site, you are responsible for ensuring that your use of the Site is in compliance with applicable law.
A. Employer Accounts and Authorised Users
As an Employer, you are responsible for all activity, acts or omissions by any of your personnel that create an Account to use the Site (“Authorised Users”). Accounts may not be shared between different Employer personnel. Employer shall ensure that Authorised Users comply with this Agreement, and shall promptly notify GYMHUNTER of any suspected or alleged violation of this Agreement including any unauthorised use of any password or account or any other known or suspected breach of security. Employer shall cooperate with GYMHUNTER with respect to: (i) investigation by GYMHUNTER of any suspected or alleged violation of this Agreement and (ii) any action by GYMHUNTER to enforce this Agreement. GYMHUNTER may suspend or terminate an Authorised User’s access to the Site in the event that GYMHUNTER reasonably determines that such Authorised User has violated this Agreement or appears likely to do so. Employer shall be liable to GYMHUNTER for any violation of this Agreement by an Authorised User.
C. Removal of Job Listings
You acknowledge and agree that GYMHUNTER may, with no liability or penalty, remove any Job Listing, content, communication or information posted, which in the sole judgment of GYMHUNTER, violates or may violate this Agreement, applicable laws, rules or regulations; may adversely affect GYMHUNTER; is false, inaccurate, misleading, deceptive, fraudulent, libellous, defamatory, immoral, offensive, obscene, pornographic, disruptive, threatening, abusive or illegal; or which may violate or lead to the violation of the rights of, or harms or threatens the safety and privacy of any third party.
D. Database Access
If you are accessing the Candidate Database as an Employer, then subject to the terms and conditions of this Agreement, GYMHUNTER hereby grants you as an Employer a limited, revocable, non-transferable, non-exclusive right to access the Database from the Site for the limited purpose of viewing profiles solely for use by the Employer. If you use or access the Database as an Employer, you agree to comply with the following rules regarding access to the Database:
a) The Database shall only be used by Employer for the purpose of seeking employees for Employer.
b) The Database shall not be used to send unsolicited mail or e-mails, make unsolicited phone calls or send unsolicited faxes regarding promotions and/or advertising of Employer’s or a third party’s products or services.
c) Employer shall implement appropriate physical, technical, and administrative measures to protect the data within the Database from loss, misuse, unauthorised access, disclosure, alteration or destruction.
d) The Database shall only be used and accessed by Employer in accordance with privacy, data protection and other applicable laws and regulations.
e) Employer shall respect the privacy choices of Job Seekers who have uploaded their information to the Database.
f) The Database shall not be used in any way that, in the sole discretion of GYMHUNTER, adversely affects GYMHUNTER’s business, performance of the Site, or interferes with the ability, of others to access the Database.
You are solely responsible for interviewing, performing background and reference checks on, verifying information provided by, and selecting an appropriate Candidate.
12. Links to Other Websites
Links to other websites may appear on this Site. Unless expressly stated otherwise, GYMHUNTER has no control over any such linked websites and is not responsible for and does not endorse or guarantee the content or services offered through such websites in any way. By accessing such websites, you do so at your own risk.
13. NO SPAM POLICY
You understand and agree that sending unsolicited email advertisements to Gym Hunter email addresses or through Gym Hunter computer systems, which is expressly prohibited by these TOU. Any unauthorised use of Gym Hunter computer systems is a violation of the TOU and certain federal and state laws, including without limitation the Computer Fraud and Abuse Act. Such violations may subject the sender and his or her agents to civil and criminal penalties.
14. PAID POSTINGS
We may charge a fee to post Content in some areas of the Service. The fee is an access fee permitting Content to be posted in a designated area. Each party posting Content to the Service is responsible for said Content and compliance with the TOU. All fees paid will be non-refundable in the event that Content is removed from the Service for violating the TOU. Fees collected for specific services, such as subscription services and advertising, are non-refundable unless otherwise stated in writing for a specific promotional program.
15. LIMITATIONS ON SERVICE
You acknowledge that Gym Hunter may establish limits concerning use of the Service, including the maximum number of days that Content will be retained by the Service, the maximum number and size of postings, email messages, or other Content that may be transmitted or stored by the Service, and the frequency with which you may access the Service. You agree that Gym Hunter has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service. You acknowledge that Gym Hunter reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice, and that Gym Hunter shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
16. ACCESS TO THE SERVICE
Gym Hunter grants you a limited, revocable, nonexclusive license to access the Service for your own personal use. This license does not include:
(a) access to the Service by Posting Agents; or
(b) any collection, aggregation, copying, duplication, display or derivative use of the Service nor any use of data mining, robots, spiders, or similar data gathering and extraction tools for any purpose unless expressly permitted by Gym Hunter. A limited exception to (b) is provided to general purpose internet search engines and non-commercial public archives that use such tools to gather information for the sole purpose of displaying hyperlinks to the Service, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with our robots.txt file. “General purpose internet search engine” does not include a website or search engine or other service that specializes in classified listings or in any subset of classifieds listings such as decorative goods or furniture, or which is in the business of providing classified ad listing services.
Gym Hunter does not permit you to display on your website, or create a hyperlink on your website to, individual postings on the Service, absent express permission granted by Gym Hunter to do so. You may create a hyperlink to the home page of Gym Hunter, so long as the link does not portray Gym Hunter, its employees, or its affiliates in a false, misleading, derogatory, or otherwise offensive matter.
Gym Hunter may offer various parts of the Service in RSS format so that users can embed individual feeds into a personal website or blog, or view postings through third party software news aggregators. Gym Hunter permits you to display, excerpt from, and link to the RSS feeds on your personal website or personal web blog, provided that (a) your use of the RSS feed is for personal, non-commercial purposes only, (b) each title is correctly linked back to the original post on the Service and redirects the user to the post when the user clicks on it, (c) you provide, adjacent to the RSS feed, proper attribution to “Gym Hunter” as the source, (d) your use or display does not suggest that Gym Hunter promotes or endorses any third party causes, ideas, web sites, products or services, (e) you do not redistribute the RSS feed, and (f) your use does not overburden Gym Hunter’s systems. Gym Hunter reserves all rights in the content of the RSS feeds and may terminate any RSS feed at any time.
Use of the Service beyond the scope of authorised access granted to you by Gym Hunter immediately terminates said permission or license. In order to collect, aggregate, copy, duplicate, display or make derivative use of the Service or any Content made available via the Service for other purposes (including commercial purposes) not stated herein, you must first obtain a written license from Gym Hunter that has been signed by one of Gym Hunter’s authorised representatives.
17. TERMINATION OF SERVICE
You agree that Gym Hunter, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any Content within the Service, for any reason, including, without limitation, if Gym Hunter believes that you have acted inconsistently with the letter or spirit of the TOU. Further, you agree that Gym Hunter shall not be liable to you or any third-party for any termination of your access to the Service. Further, you agree not to attempt to use the Service after said termination. Sections 2-7 and 13-20 shall survive termination of the TOU.
18. PROPRIETARY RIGHTS
The Service is protected to the maximum extent permitted by copyright laws and international treaties. Content displayed on or through the Service is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the site or the collective work, and/or copying or reproducing the sites or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of Gym Hunter. You further agree not to reproduce, duplicate or copy Content from the Service without the express written consent of Gym Hunter, and agree to abide by any and all copyright notices displayed on the Service. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Service. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Service. Gym Hunter, as well as certain other of the names, logos, and materials displayed on Gym Hunter, constitute trademarks, trade names, service marks or logos (“Marks”) of Gym Hunter or other entities. You are not authorised to use any such Marks. Ownership of all such Marks and the goodwill associate therewith remains with Gym Hunter or those other entities.
Although Gym Hunter does not claim ownership of content that its users post, by posting Content to any public area of the Service, you automatically grant, and you represent and warrant that you have the right to grant, to Gym Hunter an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute said Content and to prepare derivative works of, or incorporate into other works, said Content, and to grant and authorise sublicenses (through multiple tiers) of the foregoing. Furthermore, by posting Content to any public area of the Service, you automatically grant Gym Hunter all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the Service by any party for any purpose.
19. DISCLAIMER OF WARRANTIES
YOU AGREE THAT USE OF Gym Hunter AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK. Gym Hunter AND THE SERVICE ARE PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, GYM HUNTER DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF GYM HUNTER AND THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, GYM HUNTER DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON GYM HUNTER OR THE SERVICE, OR ACCESSED THROUGH ANY LINKS ON GYM HUNTER OR THE SERVICE, INCLUDING WITHOUT LIMITATION, WARRANTY OF TITLE TO OR DELIVERY OF ANY GOOD OR SERVICE, ANY WARRANTY WITH RESPECT TO INTELLECTUAL PROPERTY RIGHTS IN ANY GOOD OR SERVICE, ANY WARRANTY THAT ANY GOOD OR SERVICE CONFORMS TO ITS DESCRIPTION OR THE COLORS, TEXTURE AND DETAIL SHOWN ON THE USER’S COMPUTER MONITOR. TO THE FULLEST EXTENT PERMITTED BY LAW, GYM HUNTER DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH GYM HUNTER OR THE SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM GYM HUNTER, GYM HUNTER OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES. IN SUCH JURISDICTIONS, SOME OF THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU INSOFAR AS THEY RELATE TO IMPLIED WARRANTIES.
20. LIMITATIONS OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL GYM HUNTER BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF GYM HUNTER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF GYM HUNTER OR THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF GYM HUNTER OR THE SERVICE, FROM INABILITY TO USE GYM HUNTER OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF GYM HUNTER OR THE SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH GYM HUNTER OR THE SERVICE OR ANY LINKS ON GYM HUNTER OR THE SERVICE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH GYM HUNTER OR THE SERVICE OR ANY LINKS ON GYM HUNTER. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitation may not apply to you.
You agree to indemnify and hold Gym Hunter, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable legal fees and court costs, made by any third party due to or arising out of Content you submit, post or make available through the Service, your use of the Service, your violation of the TOU, your breach of any of the representations and warranties herein, or your violation of any rights of another.
22. GENERAL INFORMATION
The TOU, and any additional terms to which you agree when using particular elements of the Service, constitutes the entire agreement between you and Gym Hunter and governs your use of the Service, superseding any prior agreement between you and Gym Hunter. The TOU and the relationship between you and Gym Hunter shall be governed by the laws of the State of NSW without regard to its conflict of law provisions. The failure of Gym Hunter to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision. If any provision of the TOU is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOU remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOU must be filed within one (1) year after such claim or cause of action arose or be forever barred.
23. VIOLATION OF TERMS AND LIQUIDATED DAMAGES
Please report any violations of the TOU by sending an email to email@example.com
Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
You understand and agree that, because damages are often difficult to quantify, if it becomes necessary for Gym Hunter to pursue legal action to enforce the TOU, you will be liable to pay Gym Hunter the following amounts as liquidated damages, which you accept as reasonable estimates of Gym Hunter’s damages for the specified breaches of the TOU:
If you post a message that (i) impersonates any person or entity; (ii) falsely states or otherwise misrepresents your affiliation with a person or entity; or (iii) that includes personal or identifying information about another person without that person’s explicit consent, you agree to pay Gym Hunter one thousand dollars ($1,000) for each such message. This provision does not apply to messages that are lawful non-deceptive parodies of public figures.
If Gym Hunter establishes limits on the frequency with which you may access the Service, or terminates your access to or use of the Service, you agree to pay Gym Hunter one hundred dollars ($100) for each message posted in excess of such limits or for each day on which you access Gym Hunter in excess of such limits, whichever is higher.
If you send unsolicited email advertisements to Gym Hunter email addresses or through Gym Hunter computer systems, you agree to pay Gym Hunter twenty five dollars ($25) for each such email.
If you post Content in violation of the TOU, other than as described above, you agree to pay Gym Hunter one hundred dollars ($100) for each item of Content posted. In its sole discretion, Gym Hunter may elect to issue a warning before assessing damages.
If you are a Posting Agent that uses the Service in violation of the TOU, in addition to any liquidated damages under clause (d), you agree to pay Gym Hunter one hundred dollars ($100) for each and every item of Content posted in violation of the TOU. A Posting Agent will also be deemed an agent of the party engaging the Posting Agent to access the Service (the “Principal”), and the Principal (by engaging the Posting Agent in violation of the TOU) agrees to pay Gym Hunter an additional one hundred dollars ($100) for each item of Content posted by the Posting Agent on behalf of the principal in violation of the TOU.
If you aggregate, display, copy, duplicate, reproduce, or otherwise exploit for any purpose any Content (except for your own Content) in violation of the TOU without Gym Hunter’s express written permission, you agree to pay Gym Hunter three thousand dollars ($3,000) for each day on which you engage in such conduct.
Notwithstanding any other provision of the TOU, Gym Hunter retains the right to seek the remedy of specific performance of any term contained in the TOU, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in the TOU, or to seek to recover damages arising from or relating to a violation of this TOU or any combination thereof.
We welcome your questions and comments. Please send them to firstname.lastname@example.org.
Gym Hunter offers a variety of online programs (the “Programs”) as a convenience to its participating professionals and persons interested in engaging a professional (the “Consumer”) to perform or receive services (“Services”) or information about such Services.
As a condition to your use of the Programs and as material inducement on the part of Gym Hunter and its Affiliates to offer the Programs, you expressly acknowledge and agree that:
Use of the Programs are at your sole risk. Gym Hunter and its Affiliates expressly disclaim any and all warranties of any kind, express or implied arising out of or relating to:
a) the Programs
b) the Professional
c) the Services to be performed by any Professional.
- a) your use of the Programs
- b) the engagement by you of any Professional
- c) any acts, negligence, breach of contract or other conduct engaged in by you or by any of the Professional’s agents, vendors, consultants and the like
- d) any other matter relating to the Programs.
- In no event will Gym Hunter’s liability to you for any reason whatsoever exceed in the aggregate the sum of $25.00.
- Gym Hunter and its Affiliates do not provide, nor will they provide, any service to or for you, nor is Gym Hunter and its Affiliates a party to any agreement which you may enter into with a Professional. If you engage the services of any Professional, all arrangements in such regard are solely between you and the concerned Professional.
- a) the Programs
- b) the Consumers
- c) the agreement between you and the Consumer.
Gym Hunter, its Officers, Directors, Members and Employees, as well as Gym Hunter Affiliates, shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages or other losses resulting from or relating in any manner to:
- a) your use of the Programs
- b) the engagement of you by any Consumer
- c) any acts, negligence, breach of contract or other conduct engaged in by you or by any of the your or the Consumer’s agents, vendors, consultants and the like
- d) any other matter relating to the Programs.
- In no event will Gym Hunter’s liability to you for any reason whatsoever exceed in the aggregate the sum of $25.
- Gym Hunter and its Affiliates are not a party to any agreement which you may enter into with a Consumer. If you are engaged by a Consumer, all arrangements in such regard are solely between you and the concerned Consumer.
Questions about our services programs may be directed to: email@example.com.
Gym Hunter, its Officers, Directors, Members and Employees, as well as Gym Hunter Affiliates, shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages or other losses resulting from or relating in any manner to:
26. BRAND AGREEMENT
Legal Disclaimer: By logging in to your Gym Hunter account, you are agreeing to the terms below and you are stating that you have the authority to represent the manufacturer’s products, pricing, and copyrighted material online. If you do not agree to the terms, or if you do not have the legal right to represent this brand relative to the terms below, please do not login to the account.
1) Parties: This “Agreement” between “I” or “me” or the “Company” and Gym Hunter. (“Gym Hunter”, together with me, “we” or the “parties”) governs the relationship between the parties. The parties agree to conduct this transaction and permit the creation of this Agreement by electronic means.
2) Content: I hereby license to Gym Hunter the use of the images (including logo, products, installation photos, etc.), product catalogue, and related data, such as and including product pricing, that I provide or have placed on my website (such images, product catalogue, related data, the “Content”) for display on Gym Hunter and “Affiliated Sites,” including related websites, social media websites, picture hosting websites, and all other website Gym Hunter at its sole discretion believes will provide beneficial exposure to me, and for use in emails, quote requests and promotional materials. I may make suggestions for the best way to showcase my products or display the Content at any time, but Gym Hunter retains full discretion regarding what Content (if any) to display, how, and where. I represent and warrant that I have obtained all rights in the Content necessary for Gym Hunter to exercise the rights granted hereunder, that the Content is accurate and representative of my products, and that I will update my Gym Hunter account with any updates to the Content necessary to keep such Content accurate and representative of my products. Gym Hunter and Affiliated Sites are not responsible for any damages associated with the Content or its interpretation.
(a) Membership: Price as stated on Gym Hunter at the time of purchase of the membership. Price remains locked in as long as membership is kept current. All payments are paid upfront at the beginning of the 7 day billing cycle. All yearly payments are paid upfront at the beginning of the 365 day billing cycle. Payments are automatically deducted from the account on file each billing cycle, unless I cancel my account.
4) Length of Contract: This Agreement is valid up to and until I cancel my account.
5) Billing: In the event that a payment is due on my Membership, but my credit card on file in no longer valid or active, Gym Hunter may attempt to contact me to determine updated account information. Gym Hunter will wait thirty (30) days before cancelling my membership.
6) Termination: I may request termination of this agreement, after the initial term of agreement. Termination will take effect upon the end of the last day of my billing cycle. Gym Hunter may terminate this agreement at will. In the event Gym Hunter terminates this agreement early, and I am not in violation of any term of this Agreement.
GYMHUNTER is proud to serve as your resource for fitness professionals, wellness, and fitness-related information. As part of this mission, GYMHUNTER recommends that any and all visitors to this web site use common sense when making use of any information on www.Www.gymhunter.com.au. Every individual’s fitness goals, needs, and abilities are unique. As such, GYMHUNTER recommends that users of this site exercise caution when exercising or leading others in fitness activities, and that all persons considering initiating an exercise program consult a physician before attempting to do so.