Terms of Service
XMARK FITNESS MAKES EVERY REASONABLE EFFORT TO PROVIDE ACCURATE AND TIMELY INFORMATION ABOUT OUR COMPANY AND PRODUCTS ON THIS WEBSITE, HOWEVER, YOU SHOULD NOT ASSUME THAT THE INFORMATION PROVIDED IS ALWAYS CURRENT OR THAT THIS WEBSITE CONTAINS ALL THE RELEVANT INFORMATION AVAILABLE.
Trademarks, Copyrights & Notices
Unless otherwise indicated, all materials on this website are protected as the copyrights, trade dress, trademarks and/or intellectual properties owned by XMark Fitness or its licensors and are protected by United States and international laws regarding copyrights, trademarks, trade secrets and other proprietary rights. The term "XMark Fitness" is a trademark and the XMark Fitness logo and all related product and service names, designs and slogans are XMark Fitness trademarks. You may not use such marks without XMark Fitness' prior written permission. All other names, brands and marks are used for identification purposes only and may be trademarks or registered trademarks of their respective owners. Any rights not expressly granted herein are reserved. Permission to use materials (such as brochures, press releases, owners manuals) from this website is granted, provided that the use of the materials is for informational, non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media. You agree not to distribute, publish, transmit, modify, display or create derivative works from or exploit the contents of this website in any way. Except as expressly authorized by XMark Fitness in writing, you may not reproduce, sell or exploit for any commercial purposes (a) any part of this Website, (b) access to this Website or (c) use of this Website or of any services or materials available through this Website. You agree to indemnify, defend and hold harmless XMark Fitness for any and all unauthorized uses you may make of any material on this site. You acknowledge the unauthorized use of the contents could cause irreparable harm to XMark Fitness and that in the event of unauthorized use, XMark Fitness shall be entitled to an injunction in addition to any other remedies available at law or in equity.
Links to Third Party Websites & Dealings With Third Party Merchants
Some links on this site will allow you to connect with sites that are not under our control. XMark Fitness is providing these links only as a convenience. The appearance of a link does not imply XMark Fitness's endorsement, nor is XMark Fitness responsible for the contents of any linked website products or services of any third-party websites and does not make any representations regarding their quality, content or accuracy. Access them at your own risk. If you choose to correspond, participate in a promotion or engage in transactions with any merchant found on or through this Website, you acknowledge and agree that XMark Fitness is not a party to, and will not be responsible for, your interaction with such merchant, including its treatment of your information and the terms and conditions applicable to any transaction between you and the merchant. The terms of your interaction with any merchant are solely between you and such merchant. You agree that XMark Fitness will have no responsibility or liability for any loss or damage of any kind that you may suffer as the result of any such interaction or the presence of such merchants on or through this Website.
Privacy, Liability, Disclaimer & Submissions
License & Release
For good and valuable consideration herein acknowledged as received, I hereby grant to XMark Fitness Incorporated (“XMark Fitness”), its legal representatives and assigns, those for whom XMark Fitness is acting, and those acting with its authority and permission, a royalty free, perpetual, irrevocable, and worldwide license to use, reproduce, modify, adapt, publish, translate, create derivative works from, copyright, distribute and display any and all written content and related materials including my name and photographic images that I submit to XMark Fitness (“Submissions”), in whole or in part, without restriction as to changes, alterations, in conjunction with my own or a fictitious name, on XMark Fitness’s website or in any media form throughout the world for XMark Fitness’s commercial or non-commercial purposes.
I further acknowledge that the received consideration is payment in full regardless of any continuous publishing of my Submissions in any media form. I shall have no claim to additional compensation and no claim (including without limitation, claims based upon invasion of privacy, defamation or right of publicity) arising out of any use, alteration or use in composite form of my name or photographic images, in the finished materials produced hereunder.
I hereby release, discharge and agree to hold harmless XMark Fitness or its representatives or assigns, any and all persons acting under its permission or authority, or those for whom XMark Fitness is acting, from any liability by virtue of any alteration or use in composite form, whether intentional or otherwise, that may occur in any publication in any medium regardless of its effect or perceived effect upon me.
I represent that I am over 21 years of age. I also represent that I have the right to enter into this agreement and have no conflicting commitments or obligations that would interfere with rights herein granted. I have not authorized nor will I authorize or permit the use of my name or photographic image in connection with the advertising or promotion of any product or service that is competitive to or incompatible with those of XMark Fitness.
Compliance & Contacts
E-Commerce & Electronic Communications
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. XMark Fitness does not sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use XMarkFitness.com only with involvement of a parent or guardian. XMark Fitness reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
Thank you again for your interest in XMark Fitness.