Welcome to the ACE web site at acefitness.org. ACE provides its services to you subject to the following Terms and Conditions. If you visit, use a service, or make purchases at acefitness.org or any of our other web sites (collectively, the “Site”) operated by the American Council on Exercise or one of its divisions or subsidiaries (collectively, “ACE”), you agree to abide by these Terms and Conditions when you use the Site. If you do not agree to these Terms and Conditions of Usage, do not use any portion of the Site. ACE reserves the right to revise these Terms and Conditions at any time by updating these Terms and Conditions of Use. Your continued use of the Site constitutes your agreement to comply with such revisions, so please visit this page from time to time.
1. Nonexclusive License
We grant you a nonexclusive, nontransferable, limited right to access and display the Site and the material provided herein for personal use, provided that you comply fully with these Terms and Conditions of Use. No portion of the Site may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express prior written consent of ACE. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of ACE without our express prior written consent. You may not use any meta tags or any other "hidden text" utilizing ACE's name or trademarks without the express prior written consent of ACE. Any unauthorized use terminates the rights granted herein by ACE. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the Site so long as the link does not portray ACE, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any ACE logo or other proprietary graphic or trademark as part of the link without the express prior written permission of ACE.
2. Prohibited Uses
Unauthorized use or modification of any information stored on the Site may result in criminal and/or civil prosecution under applicable Federal, State and local laws. You may not use the Site for anything other than a lawful and legitimate purpose. You agree not to use the Site to (i) promote any unlawful activity or purpose, including without limitation, any activity that could give rise to criminal or civil liability; (ii) carry out any unauthorized alteration of any data or information on or supplied by another user of the Site; or (ii) conduct any activity that infringes on the copyright, patent, trademark, service mark or other rights of any person or entity. You shall not restrict or inhibit any other user from using and enjoying any service conducted on the Site. You are solely responsible for the content of any transmissions you make to the Site or to any ACE employee. You agree that you will not send, post or otherwise publish through the Site, any message, material, user name or other communication that: (i) is unlawful, offensive, obscene, vulgar, indecent, pornographic, profane, sexually-oriented, threatening, abusive, false or misleading with respect to origin or fact, slanderous, libelous or defamatory; (ii) impersonates any person or entity; (iii) provides personally identifiable information of any person or entity such as an address or phone number; (iv) constitutes or encourages the conduct of a criminal offense; (v) gives rise to liability; (vi) promotes the use of controlled substances; (vii) causes injury of any kind to any person or entity; (viii) infringes or violates the intellectual property rights, contract rights, or any other rights of any third party; (ix) contains harmful or malicious components or code designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or (x) creates a link to another Site. You agree not to interrupt, or attempt to interrupt, the operation of the Site in any way. You may not advertise or solicit on or through the Site without the express prior written permission of ACE. You agree that you will not use the Site for chain letter, junk mail, “spamming,” solicitations (commercial or non-commercial) or bulk communications of any kind including, but not limited to, distribution lists to any person who has not given specific permission to be included in such a list.
3. Usage and Monitoring
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. ACE does sell products for children. If you are under 18, you may use ACEfitness.org only with involvement of a parent or guardian. ACE reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion. While ACE has no obligation to monitor the Site and is not responsible for the content of any messages, information or files transmitted on the Site, ACE reserves the right to delete and take other appropriate action with respect to such messages, information or files with which ACE, in its sole and absolute discretion, deems objectionable or otherwise in violation of these Terms and Conditions. ACE further reserves the right, in its sole and absolute discretion and without notice, to deny access to the Site to anyone at any time.
If you do post or submit content of any nature, and unless indicated otherwise, you grant ACE a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media now known or hereinafter invented. You also grant ACE the right to use the name that you submit in connection with such content. You represent and warrant that you own or otherwise control all of the rights to the content that you submit; that the content is accurate; that use of the content you supply does not violate any rights and will not cause injury to any person or entity; and that you will fully indemnify ACE for all claims of any nature resulting from content you supply. ACE respects the intellectual property of others. If you believe that your material has been copied in a way that constitutes copyright or trademark infringement, please notify us immediately.
5. Copyright Ownership
All content included on this Site, including but not limited to text, graphics, photographs, logos, and software, and all derivative rights thereof is the property of ACE or its content suppliers and is protected by United States and international copyright laws. Unauthorized copying, reproduction, republishing, uploading, downloading, posting, transmitting or duplicating any of the material is prohibited. ACE and its content suppliers do not grant any express or implied rights to you under any patents, copyrights, trademarks or trade secrets.
6. Trademark Ownership
ACE®, American Council On Exercise®, Operation FitKids®, Workout Watchdog®, FitnessMatters®, Energy2 Burn®, Gymjob.Com®, America’s Authority On Fitness™, Fit Facts™, ACE-certified™, ACE Academy™, ACE Certified News™, Health E-Tips™, Fit Kit™, Club Program™, Club Locator™, ACE Course Locator Service™, Easytrack™, Read ‘N’ Keep System™, Bodymatters™, Consumermatters™, Infomatters™, Researchmatters™, Tastematters™ and other related marks and logo’s are trademarks or service marks of ACE and are protected by United States and international trademark law. They may not be used without the express written permission of ACE and all rights associated therewith are herein reserved.
7. Web Linking
Links may appear on the Site that may be used to link to other web sites. These links are provided as a courtesy to our visitors. ACE has no control over the linked web sites or other materials, information, goods or services available or contained on these linked sites. ACE is not responsible for and does not endorse or guarantee accuracy in any way of such sites. If you decide to access any of the linked sites, you do so entirely at your own risk. ACE reserves the right to terminate any link at any time.
All items purchased from ACE are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier. Additional Terms and Conditions which apply to all orders can be found at www.acefitness.org/returnpolicy.aspx.
9. Disclaimer and Limitation of Damages
(a) ACE is neither responsible nor liable for any viruses or other contamination of your computer system or other device used to access the Site as a result of your use of the Site. The Site (including, without limitation, all content, software, functions, materials and information made available or described on the site or accessed by means thereof) is provided “as is,” without representations or warranties of any kind, either express or implied, including, without limitation, any express or implied warranty of merchantability, fitness for a particular purpose, title, compatibility, security, accuracy, or non-infringement. Without limiting the foregoing, ACE makes no warranty or representation, either express or implied, that access to or operation of the Site will be uninterrupted or error free. In no event will ACE, its suppliers, or any other party involved in creating, producing or delivering the Site’s content be liable for the truth, accuracy or completeness of any information on the Site, for errors or mistakes made by humans or machines, or for any actual, special, indirect, incidental or consequential damages that may arise from the use of, or the inability to use, the Site and/or the materials and information contained on or available through the Site.
(b) Any statements and opinions appearing on the Site are those of its authors, and ACE assumes no responsibility for such statements and opinions. Neither ACE nor its affiliates shall have any liability arising from your reliance upon the information provided on the Site. While ACE makes reasonable efforts to present accurate and reliable information on the Site, ACE does not endorse, approve, or certify such information, nor does it guarantee the accuracy, completeness, efficacy, timeliness, or correct sequencing of such information. Any reliance upon any advice, opinion, statement or other information displayed or distributed through the Site is at your sole risk. Please consult a physician or health care professional before using any of the general information that you find on the Site. Reference herein to any specific commercial product, process, or service by trade name, trademark, service mark, manufacturer, or otherwise does not constitute or imply endorsement, recommendation, or favoring by ACE. Please use caution and common sense in making use of any information on the Site or any other resources on the Internet.
(c) Use of the Site is at your own risk. You assume full responsibility and risk of loss resulting from your downloading and/or use of files, information, other communications, content or other material (including, without limitation, software) accessed through or obtained by means of the Site.
(d) Although we do not share or sell customer profile information including email addresses gathered on the Site with outside organizations, we make no guaranty of confidentiality or privacy of any communication or information transmitted on the Site or any site linked to the Site. We will not be liable for the privacy of e-mail addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other content stored on our equipment, transmitted over networks accessed by the Site, or otherwise connected with your use of the Site.
You agree to indemnify and hold ACE and its subsidiaries, affiliates, officers, directors and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Site, violation of these Terms and Conditions, or other infringement by you, or any other user of your member name, of any intellectual property or other right of any person or entity.
11. Applicable Laws
ACE operates the Site from its offices in California and makes no representations that materials in the Site are appropriate or available for use in other locations. Access to the Site from any territory where the content is illegal is prohibited. If you choose to access the Site from other locations, you do so at your own risk and are solely responsible for compliance with any and all applicable laws and regulations. The display of the Site alone does not subject ACE to any specific jurisdiction. You may not use or export any of the Site materials in violation of U.S. export laws and regulations. If any of the terms herein shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity or enforceability of any remaining terms or condition. Any claim related to the use of the Site or to the Site materials shall be governed by, construed and enforced in accordance with the laws of the State of California as applied to agreements made and to be performed entirely therein. The parties consent to venue and personal jurisdiction in San Diego, California and any and all actions brought in connection with the Site or Site content shall be submitted to binding arbitration conducted in accordance with the rules of conciliation and arbitration of the American Arbitration Association. The parties hereby consent to the arbitration being held in the County of San Diego of the State of California. Communications made through the Site's e-mail and messaging system shall in no way be deemed to constitute legal notice to ACE or any of its officers, employees, agents or representatives, such as where notice to ACE is required by contract, or any federal, state or local laws, rules or regulations.