Terms & Conditions of Use
These Terms and Conditions of Use (these “Terms of Use”) apply to the websites located at www.getgunz.com, www.z-homefitness.com, and all associated sites linked to www.getgunz.com by Z-Home Fitness, its subsidiaries and affiliates (collectively, the “Website”). The Website is the property of Z-Home Fitness, Inc., its subsidiaries and affiliates, (“Z-Home Fitness, Inc.” or “we”) and its licensors. BY USING THE WEBSITE, YOU AGREE TO THESE TERMS OF USE. IF YOU DO NOT AGREE, DO NOT
USE THE WEBSITE. Use of this Website. We grant you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Website, subject to these Terms of Use. The design of this Web site and all text, graphics, information, content, and other material displayed on, or that can be downloaded from this Website, are protected by copyright, trademark, and other laws and may not be used except as permitted in these Terms and Conditions, or with prior written permission of the owner of such material. The contents of this Website are © 2010, Z-Home Fitness, Inc. You may not modify the information or materials displayed on this Website, or that can be downloaded from this Website, in any way or reproduce, publicly display, perform, or distribute or otherwise use any such information or materials for any public or commercial purpose. Any unauthorized use of any such information or materials may violate copyright laws, trademark laws, laws of privacy and publicity, and other laws and regulations.
Trademarks. Certain trademarks, trade names, service marks and logos used or displayed on this website, including Z-Home Fitness, and Get Gunz, are registered Z-HOME FITNESS AND GET GUNZ, and unregistered trademarks, trade names and service marks of Z-Home Fitness, Inc. Nothing contained on this Website grants, or should be construed as granting, any license or right to use any trademarks, trade names, service marks or logos displayed on this Website without the written permission of Z-Home Fitness, Inc.
Health-Related Information. The results that you experience from using our products may vary depending upon many factors, including how you use the products, how often you use the products, and your initial health and fitness level. Accordingly, we do not guarantee any results from purchasing or using our products. Of course, if you are not satisfied, most of our products may be returned for up to 30 days after purchase. You should consult with your physician before beginning this or any other exercise/diet regimen. You should read carefully all product instructions prior to use.
Products and Specifications. Although we try to ensure that the information on the Website is accurate, sometimes information on the Website may contain typographical errors or other inaccuracies, or may be incomplete or out-of-date. All features, content, specifications, products and prices of products described or listed on our Website, are subject to correction or change at any time without notice. Of course, if you are not completely satisfied, you may return most of our products for any reason within 30 days of the purchase date. Videocassettes and DVDs are offered only for your private, non-commercial home-use and may not be duplicated.
Shipping Limitations. All purchases from this Website are made pursuant to a shipment contract, and risk of loss and title for items purchased from this Website pass on to you when we deliver the products to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments.
Orders. While it is our practice to confirm orders by email, our email order confirmation does not constitute our acceptance of an order. We reserve the right to limit the order quantity on any product or service and/or to refuse service to any customer without prior notice. We may require verification of information prior to the acceptance and/or shipment of any order.
Third Party Links. This Website may contain links to websites that we do not own, control or operate. We provide these links solely as a convenience to you. If you follow these links, you will leave this Website. We are not responsible for any content, materials or other information located on or accessible from any other website. We do not endorse, guarantee, or make any representations or warranties regarding any other websites, or any content, materials, or other information located or accessible from any other websites. If you decide to access any other websites linked to or from this website, you do so entirely at your own risk.
DISCLAIMERS. YOUR USE OF THIS SITE IS AT YOUR RISK. THE INFORMATION, MATERIALS, PRODUCTS, AND SERVICES PROVIDED ON OR THROUGH THIS WEBSITE ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. Z-HOME FITNESS, INC. DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, MATERIALS OR SERVICES PROVIDED ON OR THROUGH THIS WEBSITE. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THIS WEBSITE MAY BE OUT-OF-DATE, AND Z-HOME FITNESS, INC. MAKES NO COMMITMENT, NOR ASSUMES ANY DUTY, TO UPDATE SUCH INFORMATION, MATERIALS OR SERVICES. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PRODUCTS AND SERVICES PURCHASED ON OR THROUGH THIS WEBSITE ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF Z-HOME FITNESS, INC. OR THEIR RESPECTIVE MANUFACTURERS, DISTRIBUTORS AND SUPPLIERS, IF ANY.
Limitations of Liability. Z-Home Fitness, Inc. assumes no responsibility, nor will Z-Home Fitness, Inc. be liable, for any damages to, or any viruses that may infect, your computer, telecommunication equipment, or other property caused by or arising from your access to, use of, or browsing this website, or your downloading of any information or materials from this Website. IN NO EVENT WILL Z-HOME FITNESS, INC., OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, MEMBERS, AFFILIATES, AGENTS, SUCCESSORS, OR ASSIGNS, NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION, OR TRANSMISSION OF THIS WEBSITE, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS WEBSITE, ANY WEBSITES LINKED TO THIS WEBSITE, OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED ON ANY OR ALL SUCH WEBSITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. IN THE EVENT OF ANY PROBLEM WITH THIS WEBSITE OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THIS WEBSITE. IN THE EVENT OF ANY PROBLEM WITH THE PRODUCTS OR SERVICES THAT YOU HAVE PURCHASED ON OR THROUGH THIS WEBSITE, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS TO SEEK A RETURN AND REFUND FOR SUCH PRODUCT OR SERVICES IN ACCORDANCE WITH THE PRODUCT WARRANTY AND RETURNS AND REFUNDS POLICIES POSTED ON THIS WEBSITE.
Indemnity. You agree to indemnify and hold Z-Home Fitness, Inc., and our affiliates, licensors, subsidiaries, officers, directors, members, agents, employees, successors, and assigns, harmless from any claim, loss, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of our Website, your connection to our Website, your violation of these Terms and Conditions, or your violation of any rights of another party. This indemnity survives termination of these Terms and Conditions.
Domestic Use; Export Restriction. We control the Website from our offices within the United States of America. We make no representation that the Website or its content (including, without limitation, any products or services available on or through the Website) are appropriate or available for use in other locations outside of the U.S.A. Users who access the Website from outside the United States of America do so on their own initiative and must bear all responsibility for compliance with local laws, if applicable. Further, the United States export control laws prohibit the export of certain technical data and software to certain territories. No content from the Website may be downloaded in violation of United States law.
Unsolicited Ideas. Neither Z-Home Fitness, Inc. nor its employees accepts or considers unsolicited ideas, including ideas for new or improved products, product enhancements, processes, materials, or other ideas. This policy is intended to avoid misunderstandings or disputes that could arise if Z-Home Fitness, Inc.’s products or marketing efforts appear similar to unsolicited ideas submitted to us. If you submit your ideas to us anyway, then you agree that your ideas will automatically become the property of Z-Home Fitness, Inc., without compensation to you, and Z-Home Fitness, Inc. can use the ideas for any purpose and in any way and may even give or sell the idea to someone else. These terms apply even if you include other terms or conditions along with your ideas,
Changes and Updates. We reserve the right, at our sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Website following the posting of changes means that you accept and agree to the changes.
Governing Law; Dispute Resolution. You agree that all matters relating to your access to or use of the Website, including all disputes, will be governed by the laws of the United States and by the laws of the State of Washington without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in Seattle, Washington, and waive any objection to such jurisdiction or venue. Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees. In the event of any controversy or dispute between you and Z-Home Fitness, Inc. arising out of or in connection with your use of the Website, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.
Additional Assistance. If you do not understand any of the foregoing Terms and Conditions or if you have any questions or comments, we invite you to contact us at 1-206-244-8200 or email us at custserv@getgunz.com .
These Terms and Conditions were last updated on March 2, 2010.
