Terms and conditions of use of “PROGYM“ Website

I. - Introduction.

The following terms and conditions regulate your use of this web site and to any of its available content, features or functionality made available from or through this web site. Progym, S.de R.L of C.V, as well as of any of its branches, like International Fitness and Health Industry, S. of R.L of C.V (IFHI), as the owners of this website, reserve the right to change the Terms and Conditions from time to time, at any time without notice to you, by posting such changes on the Web Site. BY USING OUR WEB SITE, YOU ACCEPT AND AGREE TO THESE TERMS AND CONDITIONS AS APPLIED TO YOUR USE OF THE WEB SITE. If you do not agree to these Terms and Conditions, you may not access or otherwise use the Web Site.

II.- Majority of age.

The user must be at least 18 years of age to use our website; by using our website or agreeing to these terms and conditions, you warrant and represent to us that you are at least 18 years of age.

III.- Proprietary Rights.

Progym, S. de R.L de C.V., is the legitimate, sole and exclusive owner of all rights, title and interest in and to the Web Site, all the content (including, for example, audio, photographs, illustrations, graphics, other visuals, video, copy, text, software, titles, Shockwave files, etc.), codes, data and materials used in the Website, as well as the appearance, environment, design and organization of the Website, the compilation of contents, codes, information and materials used in the Website, including but not limited to any copyrights, trademark rights, patent rights, database rights, moral rights, sui generis rights and other intellectual property and proprietary rights therein. Your use of the Web Site does not grant to you ownership of any content, code, data or materials you may access on or through the Web Site.

IV.- Trademarks.

The trademarks, logos, service marks and trade names (collectively the “Trademarks”) displayed on the Web Site or on content available through the Web Site are registered Trademarks of Progym and may not be used in connection with products and/or services that are not related to, associated with, or sponsored by their rights holders that are likely to cause customer confusion, or in any manner that disparages or discredits their rights holders. All Trademarks not owned by Progym that appear on the Web Site or on or through the Web Site’s services, (including Banners, Pop ups, Ads, or any other visual format) if any, are the property of their respective owners. Nothing contained on the Web Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Web Site without the written permission of Progym or the third party that may own the applicable Trademark. Your misuse of the Trademarks displayed on the Web Site or on or through any of the Web Site’s services is strictly prohibited.

V.- Limited license.

You may access and view the content on the Web Site on your computer or other device and, unless otherwise indicated in these Terms and Conditions or on the Web Site, make single copies or prints of the content on the Web Site for your personal, internal use only. Use of the Web Site and the services offered on or through the Web Site, are only for your personal, non-commercial use.

In case the User accesses the Website for the purpose of consulting catalogs, verifying information or obtaining contact information, it will be understood that such commercial purposes are and will be for the acquisition of services and products of PROGYM; So that the User accepts and expressly acknowledges that he may not use this Website or its content, for any purpose other than those specified herein.

You further agree that you may not alter, edit, delete, remove, otherwise change the meaning or appearance of, or repurpose, any of the content, code, data, or other materials on or available through the Web Site, including, without limitation, the alteration or removal of any trademarks, trade names, logos, service marks, or any other proprietary content or proprietary rights notices.

You acknowledge that you do not acquire any ownership rights by downloading any copyrighted material from or through the Web Site. If you make other use of the Web Site, or the content, code, data or materials thereon or available through the Web Site, except as otherwise provided above, you may violate copyright and other laws of the United States and other countries, as well as applicable state laws and you may be subject to a personal legal responsibility for their unauthorized use.

VI.-Prohibited User Conduct.

You warrant and agree that, while using the Web Site and the various services, features and functionality offered on or through the Web Site, you shall not:

1. Use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website; Use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
2. Use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
3. Conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent;
4. Use data collected from our website to contact individuals, companies or other persons or entities.

You must ensure that all the information you supply to us through our website, or in relation to our website, is true, accurate, current, complete and non-misleading.

VII.- Limited warranties.

We do not warrant or represent:

1. The completeness or accuracy of the information published on our website;
2. That the material on the website is up to date; or
3. That the website or any service on the website remain permanently available, but Progym will ensure that it maintains the technical efforts and resources necessary for the proper functioning of its Website.

Progym reserves the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and save to the extent that these terms and conditions expressly provide otherwise, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.

To the maximum extent permitted by applicable law and subject to Section VII, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our website and the use of our website.

VIII.- Limitations and exclusions of liability.

The User agrees that Progym is excluded from any liability arising from any or several of the following causes:

1. For death of the User, as well as for personal injury or damage resulting from the negligence of the User;
2. Fraud and any other unlawful conduct carried out by the User, on his own account or through third parties;
3. The user solely will be responsible to face and meet their own obligations, for any debt, liability or obligation acquired by the user to third parties, since Progym does not grant or hasn’t granted power of representation to the user
4. that is not permitted under applicable law; or that may not be excluded under applicable law.

To the extent that our website and the information and services on our website are provided free of charge, Progym will not be liable for any loss or damage of any nature. Progym will not be responsible for the User or any Third Party, regarding:

1. i. Any losses arising out of any event or events beyond our reasonable control.
2. ii. Any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
3. iii. Any loss or corruption of any data, database or software.
4. iv. Any special, indirect or consequential loss or damage.

You accept that Progym has no interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions.

IX.- Breaches of these terms and conditions.

Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if Progym reasonably suspect that you have breached these terms and conditions in any way, we may:

1. Send you one or more formal warnings;
2. Temporarily limit or suspend your access to our website;
3. Permanently prohibit you from accessing our website; and even suspend or delete your account on our website (if the User had been granted to such personalized access).

X.- Variation.

Progym may revise these terms and conditions from time to time. The revised terms and conditions shall apply to the use of our website from the date of publication of the revised terms and conditions on the website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions; if you do not agree to the revised terms and conditions, you must stop using our website.

XI.-Assignment.

The User may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions. PROGYM shall not have any limitation to assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.

XII.- Severability.

If a provision of these terms and conditions is determines by any court or another authority competent to be illegal and / or not applicable, them others provisions will continue to in force.

If any illegal provision and / or non-executable of these terms and conditions would be legal or enforceable if it is removed part of it, that part shall be deemed to be deleted, and continue the rest of the layout.

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.

If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

XIII.- Third party rights.

Any Contract or legal act that the User makes with Third Party (s) using these Terms and Conditions, without the express and written consent of PROGYM, will be void and invalid, so that the acts performed by the User with Third Parties will be by their Account and therefore can not bind PROGYM in any way.

XIV.- Comprehensive agreement.

These terms and conditions, together with (including current or modified versions thereof), shall constitute the entire agreement between you and us in relation to your use of our website and shall supersede all previous agreements between you and us in relation to your use of our website.

Any doubts that the User has regarding the application or interpretation of these Terms and Conditions of use of the PROGYM Website, may communicate or contact: info@progymfitness.com