Octane Fitness, LLC (“Octane“) operates multiple websites, including www.octanefitness.com (“Customer Site“) and www.Support.OctaneFitness.com (“Business Site” and collectively, the “Sites“). The Sites provide online access to information about us and the products, equipment and accessories available through the Sites (collectively, the “Products“), and also facilitate transactions for the purchase of Products and support services (collectively, the “Service“). The terms “we,” “us” and “our” as used herein refer to Octane.

Octane provides the Sites for use by you (as permitted below) conditioned on your acceptance of Octane’s terms and conditions set forth in these Website Terms of Use (“Terms of Use“). Your access to and use of the Site constitutes your agreement to be bound by these Terms of Use. If you do not agree to these Terms of Use, you may not access or use the Site.

Octane reserves the right, in its sole discretion, to change these Terms of Use at any time. Therefore, we recommend that you read these terms carefully each time you access or use the Site.

Octane strives to provide correct product and consumer care information, but we cannot guarantee the completeness or accuracy of this information on our Sites, including without limitation: documents, videos, guides, search results, FAQ’s, manuals, product comparison information, etc.

**Please also review our Privacy Policy, as it contains important information regarding how we handle the data we collect about you and your personal information. Additionally, please review the Terms and Conditions of Sale, set forth below, for the terms for any purchase you make from the Sites. Our Privacy Policy and Terms and Conditions of Sale are incorporated into these Terms of Use.

Areas of the Site, including without limitation various pages, applications, or programs contained within or otherwise related to the Sites, may have different terms of use beyond these Terms of Use. If there is a conflict between these Terms of Use and the terms of use or disclaimer posted for a specific area of a Site, the terms of use or disclaimer posted for that specific area of a Site shall be the terms with respect to your use of such area to the extent that they conflict with these Terms of Use.

NOTICE OF TRACKING FEATURES. Octane may embed or include tracking features, including, but not limited to, cookies, beacons, bots, tags, water marks, tracking data, intentional non-material error in the data and other digital, electronic or non-electronic features to monitor and track the use of any data you receive through the service. You understand and agree to the inclusion and use of these tracking features.

PERMITTED USE; RESTRICTIONS ON ACCESS.

You may use the Sites solely for your own personal, non-commercial use. You may download or print portions of the content of the Sites, but not any significant portion of the content and not for republication or other distribution. You may use such downloads/print copies only for your own internal business purposes or personal, non-commercial use, as applicable, and you may not remove the copyright and/or other proprietary notices located on any such content.

Your use of the Sites must be in accordance with all applicable laws. You do not acquire any ownership rights in the Site or any portions of its content, nor any license to the Site or any portions of its content.

Octane does not allow unauthorized access (hacking) into the Sites. The use of deep-links, page scrapes, web crawlers, spiders, web robots, web scutters, ants, automatic indexers, bots, worms, or other such devices, or programs, algorithms or other methodologies or practices that do the same or similar things, in connection with the Sites is prohibited.

In your use of the Sites, you shall not submit, post or transmit any unlawful, threatening, libelous, defamatory, obscene, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offence, give rise to civil liability, or would otherwise violate applicable law. You may not use the Sites in any manner that could damage, disable, overburden, or impair the Sites or interfere with any other party’s use of the Sites. You may not obtain or attempt to obtain any content through any means not intentionally made available or provided for through the Sites. You may not access portions of the Sites that you are not given linked access by Octane such as, without limitation, through brute force attempts or to locate content through manipulation of the URL or subdomains.

To access this Sites or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Sites that all the information you provide on this site will be correct, current, and complete. If Octane believes the information you provide is not correct, current, or complete, Octane has the right to refuse you access to this Site or any of its resources, and to terminate or suspend your access at any time.

REGISTRATION; SECURITY.

While registration is not required to use the Customer Site or otherwise utilize the Service as it relates to the Customer Site, Registration is required to use the Business Site. In connection with your registration for the Business Site, you have the option to create a new, password protected account with Octane (referred to as your “Account“). Your Account username and password are referred to as your “Identification“. You are solely responsible for keeping your Identification confidential. You agree that you and your authorized representatives will be the only users of your Identification, and that you will be solely responsible for all activities on the Sites using your Identification. We strongly recommend that you log out of the Business Site and close your browser window when your session is completed to help prevent unauthorized persons from accessing your Identification. Please contact Octane immediately at Webadministrator@octanefitness.com or 800-726-9662 if you believe that your Identification has been lost or stolen, or that someone may attempt or has attempted to use your Identification without your consent.

Please keep in mind that no Internet site is 100% secure. Thus, while Octane strives to protect the personal information and privacy of its users, your use of the Sites to transmit or store personally identifiable information is at your own risk.

You are prohibited from using any services or facilities provided in connection with this Site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools, or network probing tools) is strictly prohibited. If you become involved in any violation of system security, Octane reserves the right to release your details to system administrators at other Sites in order to assist them in resolving security incidents. Octane reserves the right to investigate suspected violations of these Terms of Use.

Octane reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing Octane to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate these Terms of Use. BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS OCTANE FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY OCTANE DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER OCTANE OR LAW ENFORCEMENT AUTHORITIES.

INTELLECTUAL PROPERTY.

The entire content of the Sites and all information, materials and other content that you see, hear or otherwise experience on the Sites, including, but not limited to, text, design, software, photography, video, graphics, music, sound, and the selection, coordination, arrangement, and enhancement thereof (collectively, the “Content“) is protected under the copyright laws of the United States, international treaties and other intellectual property laws and is owned by or licensed to Octane or its partners, affiliates, contributors or third parties.

Subject to your continued compliance with these Terms of Use, Octane grants you a personal, non-exclusive, non-transferable license to use the Sites, the Service and the Content and to download, print and store portions of the Content that you select.

Octane reserves all rights in the Sites and its contents not granted to you pursuant to the above limited license. Without limiting the foregoing, except as permitted in these Terms of Use, you may not modify, publish, reproduce, duplicate, recreate, upload, download, post, display, perform, transmit, distribute, assign, license, lease, transfer, sell, use to create derivative works or otherwise exploit the Sites or the Content (in whole or in part) for any purpose. Your use of the Sites does not give you any right to use any of the logos, trademarks, service marks, or other indicators of origin appearing on the Site.

DISCLAIMER OF WARRANTIES.

Octane cannot and does not represent or warrant that the Sites or their servers will be error-free, uninterrupted, free from unauthorized access (including third party hackers or denial of service attacks), or otherwise meet your requirements. THE CONTENT IS PROVIDED BY OCTANE ON AN “AS IS”, “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. OCTANE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, THE ACCURACY OR COMPLETENESS OF THE CONTENT, OR THAT EMAILS SENT FROM OCTANE ARE FREE OF MALWARE OR OTHER HARMFUL COMPONENTS. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. OCTANE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM YOUR USE OF THE CONTENT INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING. TO THE FULL EXTENT PERMITTED BY LAW, OCTANE DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE CONTENT, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE OR USE.

On the Sites, we may display names, marks, products, advertisements, or services of third parties, pop-up texts, or links to third party sites. IN NO EVENT WILL WE BE LIABLE, DIRECTLY OR INDIRECTLY, TO ANYONE FOR ANY DAMAGE OR LOSS ARISING FROM OR RELATING TO ANY USE, CONTINUED USE, OR RELIANCE ON ANY ADVERTISEMENT DISPLAYED ON THE SITE, ANY PRODUCTS, SERVICES, OR OTHER MATERIALS RELATING TO ANY SUCH ADVERTISEMENT, ANY LINKED THIRD PARTY SITE, OR ANY LINK CONTAINED IN A LINKED SITE. If you decide to link to any such third party sites, you do so entirely at your own risk.

Our obligations and your remedies with respect to defective or nonconforming Products, are solely and exclusively as stated in the current published warranty specific to each such Product (collectively, the “Product Warranties“), which warranties are available for your review here [hyperlink] and are also included, as applicable, with delivery of Products to you.

ADDITIONAL DISCLAIMERS. Without limiting the disclaimers otherwise set forth herein:

Correction of Errors and Inaccuracies. The Content may contain typographical errors or other errors or inaccuracies and may not be complete or current. Octane therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update the Content at any time without prior notice. Octane does not, however, guarantee that any errors, inaccuracies or omissions will be corrected.

Product and Pricing Information. All descriptions, images, references, features, content, specifications, Products and prices of Products described or depicted on the Sites are subject to change at any time without notice. Certain weights, measures, and other descriptions are approximate and are provided for convenience purposes only. The inclusion of any Products on the Sites does not imply or warrant that these Products will be available. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the receipt, possession, use and sale of any item purchased from the Site. By placing an Order, you represent that the Products ordered will be used only in a lawful manner.

Third Party Links. The Sites may contain links and interactive functionality interacting with the websites of third parties, including social sites and product distributors’ sites. Octane is not responsible for and has no liability for the functionality, actions, inactions, privacy settings, privacy policies, terms or content of any such website. Before enabling any sharing functions of the Sites to communicate with any such website or otherwise visiting any such website, Octane strongly recommends that you review and understand the terms and conditions, privacy policies, setting and information-sharing functions of each such third party website. The links and interactive functionality for third party sites on the Sites do not constitute an endorsement by Octane of such third party sites. Other sites may link to our Sites with or without our authorization, and we may block any links to or from the Site. YOUR USE OF THIRD PARTY WEBSITES AND RESOURCES IS AT YOUR OWN RISK.

Color Display. Octane attempts to display as accurately as possible the colors of the products shown on the Site. However because the colors you see will depend on many factors, including your monitor or printer, Octane cannot guarantee that the color you see matches the product color.

Infringement Disclaimer. The Products may be subject to patent, trademark, copyright, design and other rights of third parties. Octane shall in no event whatsoever be responsible or liable in the event of any claim of infringement of any such rights.

Jurisdictional Issues. The Sites is controlled and operated by Octane from the United States, and is not intended to subject Octane to the laws or jurisdiction of any state, country or territory other than that of the United States. Octane does not represent or warrant that the Sites or any part thereof is appropriate or available for use in any particular jurisdiction other than the United States. In choosing to access the Sites, you do so on your own initiative and at your own risk, and you are responsible for complying with all local laws, rules and regulations. We may limit the Site’s availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.

LIMITATION OF LIABILITY.

EXCEPT AS MAY OTHERWISE BE EXPRESSLY PROVIDED IN THE APPLICABLE PRODUCT WARRANTY:

(1) IN NO EVENT SHALL OCTANE OR ITS EMPLOYEES, DIRECTORS, OFFICERS OR AGENTS (COLLECTIVELY, THE “OCTANE PARTIES”) BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST SAVINGS, OR LOSS OF BUSINESS OPPORTUNITY) ARISING OUT OF OR RELATING TO (I) ANY PRODUCT OR SERVICE PROVIDED OR TO BE PROVIDED BY OCTANE, OR THE USE OR INABILITY TO USE THE SAME, (II) THE USE OF OR INABILITY TO USE THE SITES, THE SERVICE, OR THE CONTENT, (III) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE SITES; (IV) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITES, THE SERVICE AND/OR THE CONTENT, (V) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, (VI) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITES OR THE SERVICE, OR (VII) ANY OTHER MATTER RELATING TO THE PRODUCTS, THE SITES, THE SERVICE, OR THE CONTENT, EVEN IF ANY OF THE OCTANE PARTIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUBJECT TO THE FOREGOING.(2) IN NO EVENT SHALL THE LIABILITY OF ANY OF THE OCTANE PARTIES EXCEED THE PURCHASE PRICE FOR THE PRODUCTS, REGARDLESS OF THE LEGAL THEORY ASSERTED FOR SUCH LIABILITY, WHETHER IN CONTRACT, TORT, WARRANTY OR OTHERWISE.

IF YOU ARE DISSATISFIED WITH THE SITES, THE SERVICE, THE CONTENT, OR WITH THE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITES. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITES, THAT YOUR USE OF THE SITES IS AT YOUR SOLE RISK.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

All of the information on a particular Site, whether historical in nature or forward-looking, speaks only as of the date the information is posted on the Site, and Octane does not undertake any obligation to update such information after it is posted or to remove such information from the Site if it is not, or is no longer accurate or complete.

INDEMNIFICATION.

You understand and agree that you are personally responsible for your use or inability to use the Service or the Products, your reliance upon any information or recommendation provided by, through or on the Sites, and your behavior on the Sites. You agree to indemnify, defend and hold harmless the Octane Parties and Octane’s joint venturers, business partners, licensors, and any third-party information providers to the Service from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, resulting from or arising out of your use, misuse, or inability to use the Products (except as may otherwise be expressly provided in the applicable Product Warranty), the Sites, the Service, or the Content, your reliance upon any information or recommendation provided on the Sites, or any violation by you of this Agreement.

USER SUPPLIED INFORMATION.

For some Sites, visitors may post reviews, comments, photos, and other content, and submit suggestions, ideas, comments, questions, or other information to the Sites, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of submitted content. Octane reserves the right (but not the obligation) to remove or edit such content all such content in its sole and absolute discretion.

If you do post content or submit material, and unless we indicate otherwise, you grant Octane an unrestricted, irrevocable license to copy, reproduce, publish, upload, post, transmit, distribute, publicly display, perform, modify, create derivative works from, transfer and otherwise freely use those materials or information subject to Octane’s Privacy Policy. You further grant Octane and its sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that: (i) you own or otherwise control all of the rights to the content that you post; (ii) the content is accurate; (iii) use of the content you supply does not violate this Agreement and will not cause injury to any person or entity; and (iv) you will indemnify Octane for all claims resulting from content you supply. Octane has the right but not the obligation to, in its sole and absolute discretion, monitor and edit or remove any activity or content. Octane takes no responsibility and assumes no liability for any content posted by you or any third party.

Please note that any unsolicited personal, confidential or proprietary information or material sent to Octane through the Sites, by e-mail or other means, will be deemed NOT to be confidential. Octane does not accept new product ideas or product modifications. Octane employs a team of engineers and researchers for the purpose of continuous development and improvement of products. Any ideas submitted from an outside source may have already been developed or be under development by Octane. Consequently, to avoid possible confusion or misunderstanding as to the origin of an idea, it is our policy to not accept product idea submissions at all. Any product idea submissions to Octane, whether via a Site or otherwise, will not be reviewed by any person at Octane who is qualified to evaluate them.

RULES FOR PROMOTIONS.

In the event any sweepstakes, contests, raffles, give-aways or other promotions (collectively, “Promotions”) are made available through the Sites, such Promotions may be governed by rules that are separate from these Terms of Use. If you participate in any Promotions, please review the applicable rules, as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms of Use, the Promotion rules will apply.

USE OUTSIDE THE UNITED STATES.

This Sites are controlled, operated, and administered by Octane from its offices within the State of Minnesota, United States of America. Octane makes no representation that the content of the Sites is appropriate or available for use at locations outside of the United States, or that access to the content from territories outside the United States is permitted. You may not use the Site or export the content of the Site (in whole or in part) in violation of United States export laws and regulations.

GENERAL PROVISIONS.

These Terms of Use, along with the Privacy Policy and Terms and Conditions of Sale, constitute the entire agreement among the parties relating to this subject matter and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written between the user and Octane with respect to the Site.

No waiver by Octane of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If any part of the Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, it will not impact any other provision of the Agreement, all of which will remain in full force and effect.

Any and all disputes relating to the these Terms of Use, the Sale Terms or our Privacy Policy, or your use of the Sites, the Service, or the Content (collectively, “Disputes”) are governed by, and will be interpreted in accordance with, the laws of the State of Minnesota, without regard to any conflict of laws provisions. Any Dispute will be venued in a state or federal court situated in Hennepin County, Minnesota, and you hereby irrevocably submit to the personal jurisdiction of such courts for that purpose.

No rights, duties, agreements or obligations hereunder, may be assigned or transferred by operation of law, merger or otherwise, without the prior written consent of Octane. The obligations, rights, terms and conditions hereof will be binding upon and inure solely to the benefit of the parties hereto and their permitted respective successors and assigns.

A printed version of these Terms of Use, the Sale Terms and the Privacy Policy, and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Notwithstanding the foregoing, any additional terms and conditions on this site will govern the items to which they pertain.

ENFORCEMENT.

Octane reserves the right, in its sole discretion, to determine whether any action you take violates the terms of this Agreement. Octane shall have the right, but not the obligation, to monitor your actions with respect to the Sites, the Service, and the Content to determine compliance with this Agreement. Without limiting any other rights or remedies of Octane hereunder, at law, or in equity, Octane may suspend or terminate your access to the Service if there is any violation or threatened violation of any of the terms of this Agreement by you.

CHANGES TO THE AGREEMENT; TERMINATION.

Octane may at any time: (i) modify or discontinue any part of the Site; (ii) charge, modify, or waive fees required to use the Sites; or (iii) offer opportunities to some or all users of the Sites. Octane reserves the right to make changes to these Terms of Use at any time, and such changes will be effective immediately upon being posted on the Site. Each time you use the Sites, you should review the current Terms of Use. You can determine when these Terms of Use were last revised by referring to the “LAST UPDATED” legend at the top of these Terms of Use. Your continued use of the Sites will indicate your acceptance of the current Terms of Use; however, any material change to these Terms of Use after your last usage of the Sites will not be applied retroactively. Except for such material changes, the Terms of Use that were in effect at the time any claim or dispute arose between you and us will be applied.

Octane reserves the right, without notice and in its sole discretion, to terminate your Account or your use of the Sites and to block or prevent future access to and use of the Sites (i) if you violate any of these Terms of Use; (ii) for any other reason, or (iii) for no reason. Upon any such termination, your right to use the Sites will immediately cease.

You agree that we shall not be liable to you or any third party for any termination of your access to the Site. Upon termination, all provisions of these Terms of Use which are by their nature intended to survive termination, all representations and warranties, all limitations of liabilities and all indemnities shall survive such termination.

QUESTIONS.

If you have any questions regarding these Terms of Use, please contact us at webadministrator@octanefitness.com or 1-800-726-9662.

© 2014 Octane Fitness, LLC. All Rights Reserved.

Last updated May 2014.