1. Acceptance of Terms. betterfitnessshop.com(“ betterfitnessshop”) owns and operates its internet site betterfitnessshop.com (collectively, the “Sites”), and provides information, products and services on the Sites to you, the user, conditioned upon your acceptance, without modification, of these terms and conditions of use applicable to such Sites. Your use of any of the Sites constitutes agreement with the terms and conditions of use set forth herein (the “Terms”). betterfitnessshop reserves the right, at betterfitnessshop ‘s sole discretion, to change, modify, add or remove portions of these Terms periodically. Such modifications shall be effective immediately upon posting of the modified Terms. Your continued use of the betterfitnessshop Sites following the posting of changes to these Terms will mean that you accept and agree to be bound by those changes. Use of the Sites constitutes full acceptance of and agreement to the Terms. If a user does not accept betterfitnessshop ‘s Terms, he or she is not granted rights to use the Sites as defined herein, and should refrain from accessing the Sites. betterfitnessshop reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, any or all of the Sites (or any part thereof). betterfitnessshop shall not be liable to any user or other third party for any such modification, suspension or discontinuance except as expressly provided herein.
2. No Unlawful or Prohibited Use. By using the Sites, you warrant to betterfitnessshop that you will not use the Sites, or any of the content obtained from the Sites, for any purpose that is unlawful under applicable law or prohibited by these Terms, or to solicit or encourage the performance of any illegal activity or other activity which infringes the rights of betterfitnessshop , its affiliates or other individuals. If you violate any of these Terms, your permission to use the Sites automatically terminates.
3. Intellectual Property. betterfitnessshop or its affiliates own all right, title and interest in and to the Sites, all of the text, content, graphics, photographs, images, interfaces, code and materials thereon (collectively, the “Copyrights”), the look and feel, selection and arrangement, design and organization of the Sites (collectively, the “Trade Dress”), the trademarks, service marks, logos, trade names, and trade dress (collectively the “Marks,” and together with Copyrights and Trade Dress, the “IP”) and the compilation of IP, including but not limited to all intellectual property and proprietary rights therein. The Sites are copyrighted as a collective work under the New Zealand and other copyright laws, and are the property of betterfitnessshop and/or its affiliates. The collective work includes works that are licensed to betterfitnessshop and/or its affiliates. All are trademarks or registered trademarks of, and are proprietary to, betterfitnessshop, its affiliates, and/or its licensor. Your use of the Sites neither grants you ownership nor a license to use of any of betterfitnessshop’s IP. You must obtain betterfitnessshop’s written authorization before using any of the IP from the Sites. The use of company names, product names and logos or images on the Sites does not necessarily constitute an endorsement of the named company or products by, or association with the named company or products with, betterfitnessshop.
4. Restrictions on Use of Sites. You may not copy, reproduce, distribute (including mirroring, data-mining or data scraping), transmit, publicly display, upload, perform, publish, license, modify, translate, adapt, create derivative works from, transfer, sell or otherwise exploit the Sites or any content, information, products or services obtained from the Sites, for any commercial purpose or enterprise.
You may not: (a) use any automatic device, program, algorithm or methodology, or engage in harvesting of e-mail addresses or other personal information, unsolicited e-mailing, telephone calls or mailings, spoofing, flooding, overloading, spidering, screen scraping, database scraping, or any similar or equivalent process to access, acquire, copy or monitor any portion of the Sites or any content on the Sites; (b) decompile, disassemble or reverse engineer the Sites or any portion thereof or (c) attempt, by hacking, password “mining” or any other means to gain unauthorized access to the Sites, any portion or features of the Sites or any of the products or services offered on or through the Sites. You may not the use the Sites in any manner that could damage, disable, overburden, or impair the Sites or interfere with any other individual’s use and enjoyment of the Sites. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Sites. You may not breach the security or authentication measures on the Sites or any network connected to the Sites.
You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Sites, or any other customer of betterfitnessshop or its affiliates, to its source, or exploit the Sites or any product, service or information made available or offered by or through the Sites, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by a Site. You may not upload, post or transmit to, distribute or otherwise publish through the Sites any materials that restrict or inhibit any other user from using and enjoying a Sites, constitute or encourage conduct that would constitute a criminal offense or give rise to civil liability, or contain a virus or other harmful component, advertising of any kind, or false or misleading indications of origin or statements of fact.
5. No Resale of Service. You agree not to sell, resell, or offer for any commercial purposes, any portion of the Sites, use of the Sites and/or or access to the Sites.
6. Links. betterfitnessshop, any Site or a third party may provide links to other websites. betterfitnessshop exercises no control whatsoever over such other websites and web-based resources and is not responsible or liable for the availability thereof or the content, advertising, products or other materials thereon. shall not be responsible or liable, directly or indirectly, for any damage or loss incurred or suffered by any user in connection therewith. Your access and use of linked websites, including information, material, products and services therein, is solely at your own risk. The Sites’ Privacy Statement is applicable only when you are on a betterfitnessshop -owned Site. Once you choose to link to another website, you should read that website’s privacy statement before disclosing any personal information.
7. DMCA Policy. betterfitnessshop respects the intellectual property rights of others, and requires that the people who use the Sites do the same. In accordance with the Digital Millennium Copyright Act and other applicable law, we have implemented a procedure for contacting us in the event you feel certain rights might be infringed by content posted on one of our Sites. If you believe in good faith that content hosted by us infringes your copyright, provide our registered copyright agent with the written information requested below:
a. A full and complete identification of the copyrighted work you claim was infringed.
b. A clear identification of the material you claim is infringing the copyrighted work, the Site on which the material is posted and information that will allow us to locate that material on the Site, such as a link to the infringing material.
c. Your name, address, email and telephone number.
d. Include the following statement, signed by you: “I have a good faith belief that the material that is claimed as copyright infringement is not authorised by the copyright owner, its agent, or the law.”
e. Include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and I am the copyright owner, or am authorised to act on behalf of the owner, of an exclusive right that is allegedly infringed.”
f. The notice must be signed by the person authorised to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notices of claims of copyright infringement on any Site should be sent, at your choice, to: