NOTE: THIS SITE IS LOCATED IN THE UNITED STATES OF AMERICA, AND U.S. LAWS WILL APPLY
ACCEPTANCE OF TERMS THROUGH USE
If you engage with us through a social media platform these Terms are in addition to any terms and conditions governing the relevant social media platform. We have no liability or responsibility for the third party content, products or services available on any social media platform or the actions or inactions of any social media platform or any other user of such social media platform.
USES OF THE SERVICE
The Service is intended for personal, non-commercial use. We grant you a limited non-transferable, non-exclusive, revocable license to access and make personal use of this site for your own personal, non-commercial purposes. You may print, copy and download any content available on the Service for your personal use only. This license does not include any resale or commercial use of the Service or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this Services or its contents; any downloading or copying of information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools without our express written consent. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, frame, create derivative works from, transfer, or otherwise use in any other way for commercial or public purposes in whole or in part any portion of the Service, except for the purposes expressly provided herein, without our prior written approval. You may not use any meta tags or any other "hidden text" utilizing our names or trademarks without our express written consent. Any unauthorized use terminates the permission or license granted hereunder. You are granted a limited, revocable, and nonexclusive right to create a hyperlink(s) to the home page(s) of the Sites so long as the link does not portray us or the Services in a false, misleading, derogatory, or otherwise offensive matter.
Unauthorized use of the Service, including, but not limited to, unauthorized entry into Nautilus systems, misuse of passwords or misuse of any other information, is strictly prohibited. You may not use the Service in any manner that could damage, disable, overburden, or impair any the Service or interfere with any other party's use and enjoyment of the Service. You may not attempt to gain unauthorized
access to the Services or computer systems or networks connected the Service, through hacking, password mining or any other means. You agree that you will not engage in any activities related to the Service that are contrary to applicable laws or regulations.
Nautilus, Inc. reserves the right, in its sole discretion, without any obligation and without any notice requirement, to change, improve or correct the Services, including, without limitation, information, materials and descriptions available through the Service and to suspend and/or deny access to the Service for scheduled or unscheduled maintenance, upgrades, improvements or corrections. The information and materials on the Service may contain typographical errors or inaccuracies. Any dated information is published as of its date only, and we do not undertake any obligation or responsibility to update or amend any such information. We may discontinue or change any product or service offered at any time.
DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY
The Service is provided on an "AS IS," and "AS AVAILABLE" basis. Nautilus does not warrant the Service, either expressly or impliedly, for any particular purpose and expressly disclaims any implied warranties, including but not limited to, warranties of title, non-infringement, merchantability or fitness for a particular purpose. Nautilus will not be responsible for any loss or damage that could result from interception by third parties of any information or services made available to you as part of the Service. Nautilus cannot and does not guarantee the accuracy, validity, timeliness or completeness of any information or data made available to you for any particular purpose. Neither Nautilus, nor any of its directors, officers or employees, nor any third party vendor, will be liable or have any responsibility of any kind for any loss or damage that you incur in the event of any failure or interruption of the Service, or resulting from the act or omission of any other party involved in creating the Service, including, the data contained n or the products or services offered as part of the Service, or from any other cause relating to your access to, inability to access, or use of the Service, whether or not the circumstances giving rise to such cause may have been within the control of Nautilus or of any third party vendor. In no event will Nautilus or any such parties be liable to you, whether in contract or tort, for any direct, special, indirect, punitive, consequential or incidental damages, attorney fees, or any other damages of any kind even if Nautilus or any other such party has been advised of the possibility thereof. This limitation on liability includes, but is not limited to, the transmission of any viruses which may infect a user's equipment, failure of mechanical or electronic equipment or communication lines, telephone or other interconnect problems (e.g., you cannot access your internet service provider), unauthorized access, theft, operator errors, strikes or other labor problems or any force majeure. Nautilus cannot and does not guarantee continuous, uninterrupted or secure access to the Service.
All content, software, and other materials included on the Service, including, without limitation, text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Nautilus or its licensors or users and protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws. United States and international copyright laws. The compilation of all content on the Service is the exclusive property of Nautilus and protected by U.S. and international copyright laws. Nautilus, Bowflex, Octane Fitness, Modern Movement, Universal, Airdyne, Max Trainer, TreadClimber, SelectTech, HVT, LateralX, xRide, Zero Runner, Schwinn, the Bowflex logo, the Nautilus logo, Schwinn Quality Seal logo, the
Universal logo and any other product or service name or slogan contained on the Service are trademarks and/or service marks of Nautilus and its suppliers or licensors.
You are prohibited from using any such marks for any purpose including, but not limited to use as meta tags on other pages or sites on the World Wide Web without the written permission of Nautilus or such third party, which may own the marks.
If you copy or download any information or software from the Service, you agree that you will not remove or obscure any copyright or trademark or other notices or legends contained in any such information.
All rights not expressly granted in these Terms are reserved.
You acknowledge and agree that any materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, regarding the Services, Nautilus, or our other products or services that are provided by you to Nautilus are non-confidential and shall become the sole property of Nautilus. Nautilus will own exclusive rights, including all intellectual property rights, and will be entitled to the unrestricted use and dissemination of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you. You grant Nautilus and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that (a) you own and control all of the rights to the content that you submit, or that you otherwise have the right to submit such content to this site; (b) the content is accurate and not misleading; and (c) use and posting of the content you supply will not violate any rights of or cause injury to any person or entity.
You are responsible for your use of the Service, and for any use of the Service made using your account. Our goal is to create a positive, useful, and safe user experience. To promote this goal, we prohibit certain kinds of conduct that may be harmful to other users or to us. When you use the Service, you may not:
• violate any law or regulation;
• violate, infringe, or misappropriate other people's intellectual property, privacy, publicity, or other legal rights;
• post or share anything that is illegal, abusive, harassing, harmful to reputation, pornographic, indecent, profane, obscene, hateful, racist, or otherwise objectionable;
• send unsolicited or unauthorized advertising or commercial communications, such as spam;
• engage in spidering or harvesting, or participate in the use of software, including spyware, designed to collect data from the Service;
• transmit any viruses or other computer instructions or technological means whose purpose is to disrupt, damage, or interfere with the use of computers or related systems;
• stalk, harass, or harm another individual;
• impersonate any person or entity or perform any other similar fraudulent activity, such as phishing;
• use any means to scrape or crawl any Web pages contained in the Service;
• attempt to circumvent any technological measure implemented by us or any of our providers or any other third party (including another user) to protect the Service;
• attempt to decipher, decompile, disassemble, or reverse engineer any of the software or other underlying code used to provide the Service; or
• advocate, encourage, or assist any third party in doing any of the foregoing.
PRODUCT REVIEWS AND USER CONTENT
The Service includes a product review feature, and the Service includes or may include in the future discussion forums, user generated content, or other areas or services in which you or third parties create, post, or store any content, messages, materials or other items (“User Content”) on the Service. You retain ownership of any intellectual property rights that you hold in that User Content.
Where we have made settings available, we will honor the choices you make about who can see content or information. Except where limited by such settings, when you upload, submit, send, or receive User Content to or through the Service, you give us permission to reproduce and use your User Content as follows: you grant to us and those we work with a license to use, host, store, reproduce, modify, create derivative works (such as translations or adaptations), publicly perform, publicly display, and distribute your User Content. This license is for the purpose of operating and improving the Service, to develop new products and services, and for other Nautilus business or marketing purposes, including without limitation in catalogs, email and other customer communications, store materials and other marketing. We may display advertisements in connection with your User Content or on pages where your User Content may be viewed by you or others, and we may use your User Content to advertise and promote Nautilus or the Services. Our license to your User Content is non-exclusive, meaning you may use the User Content for your own purposes or let others use your User Content for their purposes. This license is fully-paid and royalty free, meaning we do not owe you anything else in connection with our use of your User Content. We may exercise our rights under this license anywhere in the world. Lastly, this license is perpetual, meaning that our rights under this license continue even after you stop using the Service.
You promise that:
• you own all rights to your User Content or, alternatively, that you have the right to give us the rights described above; and
• your User Content does not infringe the intellectual property rights, privacy rights, publicity rights, or other legal rights of any third party.
We may refuse to accept or transmit User Content for any reason. We may remove User Content from the Service for any reason.
Nautilus respects the intellectual property of others and expects its users to do the same. It is our policy, in appropriate circumstances and at our discretion, to disable or terminate the accounts of users who repeatedly infringe the rights of copyright holders.
Nautilus will respond appropriately to notices of alleged copyright infringement that comply with the U.S. Digital Millennium Copyright Act ("DMCA"), as set forth below. If you own copyrights in a work and believe that your intellectual property rights in that work have been infringed by an improper posting or distribution of it via the Service, then send Nautilus a written notice that includes all of the following:
• a legend or subject line that says: "DMCA Copyright Infringement Notice";
• a description of the copyrighted work that you claim has been infringed;
• the URL of the site and a description of where the material that you claim is infringing is located on that site;
• your address, telephone number, and e-mail address;
• a statement by you that you have a good faith belief that the alleged infringing material is not authorized by the copyright owner, its agent, or the law;
• a statement by you, made under penalty of perjury, that all the information in your notice is accurate, and that you are the copyright owner (or, if you are not the copyright owner, then your statement must indicate that you are authorized to act on the behalf of the owner of an exclusive right that is allegedly infringed); and,
• your electronic or physical signature.
Nautilus will only receive DMCA notices by mail or email directed to Nautilus’ Designated Agent at the addresses below:
Attn: Legal Department
17750 SE 6th Way
Vancouver, WA 98683 By E-Mail: firstname.lastname@example.org
Nautilus may elect to not respond to DMCA notices that do not comply with all of the foregoing requirements, and Nautilus may elect to remove allegedly infringing material that comes to its attention via notices that do not comply with the above.
RISK OF LOSS
All items purchased from the Service are made pursuant to a shipment contract. The risk of loss and title for such items pass to you upon our delivery to the carrier.
Nautilus attempts to be as accurate as possible. However, we do not warrant that product descriptions or other content available on the Service is accurate, complete, reliable, current, or error-free.
Except where noted otherwise, the price displayed for products on the Service represents the full retail price listed on the product itself, suggested by the manufacturer or supplier, or estimated in accordance with standard industry practice. The price is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day. For certain items that are offered as a set, the Price may represent "open-stock" prices, which means the aggregate of the manufacturer's estimated or suggested retail price for each of the items included in the set. Despite our best efforts, a small number of the items on the Service may be mispriced due to system or typographical errors. We reserve the right to correct any and all errors when they do occur, and we do not honor inaccurate or erroneous prices. If we discover a mispricing, we will do one of the following:
If an item's correct price is lower than our stated price, we will charge the lower amount and ship you the item.
If an item's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
If the order has been shipped, you agree to either return the product or pay the difference between the actual and charged prices.
TERMS OF PAYMENT
You may purchase certain products or services on the Service. In ordering product through the Service or otherwise, you agree to provide only true, accurate, current and complete information. You hereby certify that any email account you provide to us is registered to you.
At the time you place your order, you may have been offered and agreed to purchase the product or service at a price that is not consistent with other customers. Your cost (which includes applicable sales tax) is the amount you agreed to pay at the time of purchase.
To qualify for promotional discounts, you may be required to enter a coupon code prior to completing your order, and certain products or payment options may not be eligible. Rules and restrictions are disclosed at the time promotional offers are presented. By participating in the promotion, you are agreeing to the rules and restrictions associated with the promotion. For questions regarding
promotional offers, including rules and restrictions, please contact Nautilus Customer Service at 800-628-8458.
Please note that this policy does not apply to products sold or shipped by third parties.
The Service is controlled and operated from the United States of America. If you access the Service from a location outside the United States of America, you do so on your own initiative and are responsible for compliance with all applicable laws of your jurisdiction. Nautilus makes no representation that materials on the Service are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access the Service from other locations do so on their own initiative and are responsible for compliance with local laws.
You agree to defend, indemnify and hold harmless Nautilus, its independent contractors, service providers and consultants, and their respective directors, employees and agents, from and against any claims, damages, costs, liabilities, and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to any content you post, store or otherwise transmit on or through our Service (“Content”) or your use of or inability to use the Service, including without limitation any actual or threatened suit, demand or claim made against Nautilus and/or its independent contractors, service providers, employees, directors or consultants, arising out of or relating to the Content, your conduct, your violation of these Terms or your violation of the rights of any third party.
LIMITATION OF LIABILITY
NAUTILUS SHALL HAVE NO LIABILITY FOR ANY LOSS OR DAMAGE WHATSOEVER, INCLUDING BUT NOT LIMITED TO INCIDENTAL, PUNITIVE, CONSEQUENTIAL, ATTORNEY FEES, OR INDIRECT DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA AND THE LIKE) ARISING OUT OF THE SERVICE OR YOUR USE OF, OR INABILITY TO USE OR ACCESS THE SERVICE OR ANY CONTENT PROVIDED ON THE SERVICE OR DOWNLOADED FROM THE SERVICE, OR ANY DELAY IN USE OR ACCESS TO THE SERVICE OR CONTENT PROVIDED THROUGH THE SERVICE OR ANY CLAIM ARISING FROM OR RELATING TO ERRORS, OMISSIONS OR INACCURACIES IN THE CONTENT PROVIDED ON THE SERVICE OR STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE, TO THE EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF NAUTILUS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT WAIVING THE EXCLUSIVE GOVERNING LAW PROVISION SET FORTH HEREIN, SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THEREFORE THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
THE LIMITATION OF LIABILITY SET FORTH ABOVE SHALL APPLY TO EVERY FORM OF ACTION, WHETHER IN CONTRACT, WARRANTY, STRICT LIABILITY, NEGLIGENCE OR OTHER TORT, AND SHALL SURVIVE ANY BREACH OF THE TERMS OR ANY AGREEMENT, OR THE FAILURE OF THE ESSENTIAL PURPOSE OF THE TERMS OR AN AGREEMENT OR ANY EXCLUSIVE REMEDY.
IN NO EVENT SHALLOUR LIABILITY EXCEED $50.00.
ADDITIONAL TERMS MAY APPLY
Additional terms may apply to certain products or services. In the event that there is a conflict between these Terms and any additional terms, the additional terms will control.
Except as otherwise stated herein, these Terms constitute the entire and exclusive understanding and agreement between Nautilus and you regarding the Service, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Nautilus and you regarding the Service.
Notwithstanding these Terms, Nautilus reserves the right, without notice and in its sole discretion, to terminate your license to use the Services, and to block or prevent future your access to and use of the Services.
For questions regarding the Services please contact Nautilus Customer Service at 800-628-8458.
For questions regarding these Terms, please contact our legal department at:
Attn: Legal Department
17750 SE 6th Way
Vancouver, WA 98683