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Privacy Policy
TERMS AND CONDITIONS OF USE
PLEASE CAREFULLY READ THESE TERMS AND CONDITIONS, INCLUDING OUR PRIVACY
POLICY, BEFORE USING THIS WEBSITE (the "Site"). BY ACCESSING OR USING THE
SITE, YOU ("USER") AGREE TO BE LEGALLY BOUND BY THESE TERMS AND CONDITIONS.
IF YOU DISAGREE WITH ANY OF THE FOLLOWING TERMS OR CONDITIONS, PLEASE DO NOT
USE THIS SITE.
GOLDEN AGE FITNESS (GAF) OWNS AND OPERATES THE SITE. GAF RESERVES THE RIGHT
TO CHANGE ANY TERMS OR CONDITIONS WITHOUT NOTICE, EFFECTIVE UPON THEIR
POSTING. GAF OR ITS SERVICE PROVIDERS, PARENTS, AFFILIATES AND BUSINESS
ASSOCIATES MAY IMPOSE LIMITS ON CERTAIN FEATURES AND SERVICES OR RESTRICT
YOUR ACCESS TO PARTS OR ALL OF THE SITE WITHOUT NOTICE OR LIABILITY; GAF MAY
ALSO TERMINATE YOUR USE OF THE SITE AT ANY TIME IN ITS SOLE DISCRETION.
Use of Site; Ownership of Intellectual Property Rights
All text, photographs, images, illustrations, artwork, audio and video
clips, design, software, graphic material, trademarks, service marks and
trade names, and all intellectual property rights in and to such items
(hereinafter "Content") constitute the sole and exclusive property of GAF or
its subsidiaries, affiliates, licensors and content providers. The User is
granted a personal, non-exclusive, non-assignable and non-transferable
license to use the Content for non-commercial and personal, informational
use only. The following acts are additionally prohibited without GAF's prior
written approval: copying of the Site or the Content or any portion,
variations or derivatives thereof; reproduction, modification, creation of
derivative works, display, performance, publication, distribution,
dissemination, broadcast or circulation of any Content, in whole or in part
(including without limitation, the display and distribution of the Content
via a third party Web site); and disassembling, decompiling, reverse
engineering or otherwise modifying the Content.
Additional User Conduct Guidelines
GAF requests that the User not impede or inhibit any other User from using
and enjoying the Site. Therefore, in using this Site, you agree not to:
disrupt or interfere with the security of, or otherwise abuse, the Site or
any services, system resources, accounts, servers or networks connected to
or accessible through the Site or affiliate linked sites; upload, post, or
otherwise transmit through or on this Site any viruses or other harmful,
disruptive or destructive files; use or attempt to use another's account,
service or system, or link to another site, without authorization from GAF,
or create or use a false identity on the Site; or transmit through or on the
Site spam, chain letters, junk mail or other types of unsolicited mass
e-mail to people or entities who have not agreed to be part of such
mailings. Further, any unauthorized or prohibited use may additionally
subject the offender to civil liability and criminal prosecution under
applicable federal and state laws.
Privacy Policy
GAF is committed to providing users of its Site with an understanding of how
GAF gathers and uses information, as well as the precautions taken by GAF to
protect information concerning its Users. This Privacy Policy is
incorporated into and is a part of the Terms and Conditions of Use; it
describes GAF's policies and procedures for the collection and use of
personal information provided by the User as well as non-personally
identifiable information.
Personally identifiable information. GAF collects personally identifiable
information directly from the User only when the User voluntarily enters
information, or when the User requests or agrees that GAF send the User
information or materials. The types of personally and mobile identifiable
information GAF collects include e-mail address, full name, full address,
work phone numbers, age, gender and viewing preferences. GAF currently uses
the information for the purposes of providing the User with information
requested by the User, and service information, and to allow the User to
voluntarily participate in promotions, contests or sweepstakes. GAF may also
use personally identifiable information to process user requests and/or to
send the User communications from GAF such as news, information and
promotional offers. If the User requests information for certain offers,
promotions, contests or sweepstakes, GAF may forward the User's personal
information to a third party for the purposes of supporting GAF in these
services. In the interest of enhancing our service, GAF has business
relationships with third parties. Certain of these relationships include the
sharing of your personal information with such third parties.
GAF may disclose your personal and account information to respond to court
subpoenas, court orders, or other legal processes, as required by law, or to
establish or exercise GAF legal rights or defend against legal claims. Your
personal and account information may also be disclosed in connection with a
sale of some or all of the GAF business or a merger with another entity. As
an added protection to the User's privacy concerning personally identifiable
information collected by GAF, the User may request that his or her
information be changed, corrected or deleted from our databases by writing
us at: Golden Age Fitness, 1816 Eagle Drive, Woodstock, GA 30189, or
by accessing the "contact us" link on our homepage.
Use of Cookies and non-personally identifiable information. By using the
Site, the User makes available to GAF certain non-personally identifiable
information (such as the domain name and type of the User's internet server
and browser, which pages of the Site the User accesses, and the length of
access). This statement explains how GAF uses such information, and how the
User can restrict the use and collection of non-personally identifiable
information from "cookies."
A "cookie" is a bit of text information stored on the hard drive of your
computer by an internet web server when you visit the Site. The User can
choose not to accept cookies, but in so doing, the User may not be able to
access the GAF Site. Refer to the Help information in your browser or
internet provider site or software for instructions on how to disable
cookies, or to be notified when a cookie is set. GAF may use "cookies" to
track usage of the Site, User interactions with the Site, and to customize
the Site.
GAF may use the non-personally identifiable information that is collected by
GAF to improve the design and content of GAF's site and to enable GAF to
personalize your Internet experience. Also, GAF may use this information in
the aggregate to analyze site usage, as well as to offer user products,
programs, or services.
Limitation of Liability and Disclaimers
USER EXPRESSLY AGREES THAT USE OF THE SITE IS AT USER'S SOLE RISK. NEITHER
GAF, ITS PARENTS, AFFILIATES, EMPLOYEES, AGENTS, SERVICE PROVIDERS, THIRD
PARTY INFORMATION PROVIDERS, LICENSORS OR THE LIKE, WARRANT THAT THE SITE
WILL BE UNINTERRUPTED, SECURE OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY
AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, OR AS TO
THE ACCURACY, RELIABILITY, SECURITY OR CONTENT OF ANY INFORMATION OR SERVICE
CONTAINED IN OR PROVIDED THROUGH THE SITE.
THE SITE, ALL CONTENT AND INFORMATION PROVIDED THEREIN, AND ALL DOWNLOADABLE
SOFTWARE IS PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS WITHOUT WARRANTIES
OF ANY KIND, AND ALL SUCH WARRANTIES, WHETHER ORAL OR WRITTEN, EXPRESS OR
IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NON-INFRINGEMENT,
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE ARE HEREBY DISCLAIMED
AND EXPRESSLY NEGATED. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY GAF,
ANY OF ITS PARENTS, AFFILIATES, EMPLOYEES, AGENTS OR ANY SERVICE PROVIDERS,
THIRD PARTY INFORMATION PROVIDERS; LICENSORS OR THE LIKE, SHALL CREATE A
WARRANTY; NOR SHALL USER RELY ON ANY SUCH INFORMATION OR ADVICE. USER HEREBY
ACKNOWLEDGES THAT GAF IS NOT RESPONSIBLE FOR ANY INTERCEPTED INFORMATION
SENT VIA THE INTERNET, AND USER RELEASES GAF FROM ANY AND ALL CLAIMS ARISING
OUT OF OR RELATED TO THE USE OF INTERCEPTED INFORMATION IN ANY UNAUTHORIZED
MANNER.
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL GAF, ITS PARENTS,
AFFILIATES, EMPLOYEES, AGENTS OR ANY THIRD PARTY INFORMATION PROVIDER,
SERVICE PROVIDERS, LICENSOR, OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING
OR DISTRIBUTING THE SITE, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
EXEMPLARY, ECONOMIC, PUNITIVE, LOST PROFIT, SPECIAL OR CONSEQUENTIAL DAMAGES
OR FOR ANY DAMAGES THAT RESULT FROM OR ARE RELATED TO THE USE OF OR
INABILITY TO USE THE SITE; OR THAT RESULT FROM MISTAKES, OMISSIONS,
INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION, OR
TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT LIMITED TO ACTS
OF GOD, COMMUNICATIONS FAILURE, THEFT OR DESTRUCTION.
Indemnification
The User agrees to indemnify, defend and hold harmless, GAF, its parents,
affiliates, employees, agents, third party information providers, service
providers, licensors or the like and their respective officers, directors,
employees, agents, licensors, representatives, and third party providers to
the Site from and against all losses, expenses, damages and costs, including
reasonable attorneys' fees, resulting from any violation of these Terms and
Conditions by the User. GAF reserves the right to assume, at its sole
expense, the exclusive defense and control of any matter subject to
indemnification by User, in which event User will fully cooperate with GAF
in asserting any available defenses.
Third Party Links and Sites
This Site may contain links to other Internet sites, resources and/or
sponsors of the Site. GAF does not verify, warrant, endorse, or take
responsibility for the availability, accuracy, completeness or quality of
the content contained in these outside sites. Providing links to outside
sites does not constitute GAF's approval of the content, policies or
practices of those other sites. Be sure to review the terms of use and
privacy policies posted on the outside sites after linking to them.
Opt Out of Receiving Further Web Based Marketing
Every visitor to our web site can choose to be removed from our
web-generated marketing lists. You can opt out at any time. To opt out of
GAF's marketing e-mail or print mail, please send an e-mail with "remove" in
the subject line to ga.fitness@yahoo.com
. To opt out by mail, please send
your name, company, e-mail address and physical mailing address with
"remove" in the subject line to Sandy Riordan, Golden Age Fitness, 1816
Eagle Drive, Building 100, Suite B, Woodstock, GA 30189
Changes to the Privacy Policy
If there are updates to the terms of GAF's online Privacy Policy, GAF will
post those changes and update the revision date on this document, so Users
will always know what information we collect online, how we use it, and what
choices you have. For material changes to this Privacy Policy, GAF will
provide notification to Site Users.
Other
These Terms and Conditions of Use shall be governed by, construed and
enforced in accordance with the laws of the State of California and the
federal laws of the United States of America. Users agree to submit to the
personal and exclusive jurisdiction of the state or federal courts located
within the State of Georgia for any disputes arising from or related to this
Site or these Terms and Conditions of Use.
These Terms and Conditions are not intended to alter the terms or conditions
of any other agreement you may have with GAF or its affiliates, parents,
service providers or business associates to the extent that those agreements
govern issues other than your use of this Site. Should any provision in
these Terms and Conditions be found invalid or unenforceable for any reason,
that provision shall be deemed severable from the terms and shall not affect
validity or enforceability of the remaining provisions. These Terms and
Conditions may not be altered by action, inaction or course of dealing
between the parties. These Terms and Conditions may only be altered by (a)
prior written mutual agreement between GAF and User; or (b) GAF posting
revisions on the Site. Failure by GAF to object to a User's behavior,
conduct or action does not constitute a consent, ratification or waiver of
objection.
If you have any questions or concerns about our Terms and Conditions of Use,
please write to GAF at:
Golden Age Fitness, 1816 Eagle Drive, Building 100, Suite B, Woodstock, GA 30189
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