Terms of Use | GNC IX

Gateway Network Connections, LLC (“GNC”) operates and maintains this website (the "Website") and may operate other websites, mobile or desktop applications, and/or additional online services (together with the Website, the “Services”) for the purposes of sharing information, communication and education. The terms and conditions set forth in this Terms of Use (the “Terms of Use”), together with our Privacy Policy, comprise a legal agreement between you and GNC and govern your access to and use of the Services, including any Content (as defined in Section 5 below) appearing on or provided through the Services. Please read these Terms of Use carefully.

DO NOT USE THIS WEBSITE OR ANY SERVICES IF YOU DO NOT ACCEPT THESE TERMS OF USE. BY ACCESSING AND/OR USING THE WEBSITE OR ANY SERVICES, YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS OF USE WITHOUT LIMITATION OR QUALIFICATION.

1. Amendment of Terms

GNC reserves the right to amend these Terms of Use at any time in its sole and absolute discretion without prior notice to you. Your continued access to and/or use of the Services or Content after we post amendments to the Terms of Use constitutes your acceptance of such amendments.

2. Modification of the Website

This Website is provided as a service to its visitors. GNC reserves the right to modify, suspend, or discontinue, temporarily or permanently, the Website, any part of the Website, or any Services, for any or no reason and without notice. You agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuance of any Services.

3. Restrictions on Access and Use

You may not access or use, or attempt to access or use, the Services or Content to take any action that could harm GNC or any third party or interfere with the operation of the Services or Content, nor may you use the Services Content in a manner that violates any applicable laws, rules, or regulations. Without limiting the foregoing, you agree not to:

Use any device, software, or routine to interfere or attempt to interfere with the proper functioning of any Service or any activity conducted on any Service or attempt to probe, scan, test the vulnerability of, or breach the security of any system or network;
Engage in unauthorized spidering, scraping, or harvesting of content or information, or use any other unauthorized automated means to compile information;
Obtain or attempt to gain unauthorized access to other computer systems, materials, information, or any services available on or through the Services or Content;
Take any action that imposes an unreasonable or disproportionately large load on our network or infrastructure;
Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with any person or entity or the origin of any information you provide;
Upload or otherwise transmit any communication, software, or material that contains a virus, adware, malware, spyware, or ransom-ware, or is otherwise harmful to our users’ computers or systems; or
Engage in any other conduct that restricts or inhibits any person from using or enjoying the Services or the Content, or that, in our sole and absolute judgment, exposes us or any of our users, affiliates, or any other third party to any liability, damages, or harm of any type.

4. Non-Confidential Information

Any communication or material that you transmit to this Website or to GNC by electronic mail or otherwise, including any comments, data, questions and suggestions, is and will be treated as non-confidential unless a prior arrangement in writing is made between you and GNC. GNC may preserve any such content and may disclose it to third parties if required to do so by law or in the good faith belief that such preservation or disclosure is necessary to comply with legal process; respond to claims that the content violates the rights of third parties; enforce these Terms of Use; or protect the rights, property or personal safety of this Website and its users.

5. Intellectual Property

All information, materials, text, images, audio, video, computer code, software, and other content appearing on the Website (collectively, the “Content”) is the property of GNC and/or applicable third parties. No title or ownership rights are transferred to you under these Terms of Use, or through your access to and/or use of the Services or Content, and nothing herein or therein shall be construed as a license to you under any GNC patent, trademark, copyright, trade secret, or other intellectual property right. You may access, use, and display the Services and Content without modification or alteration in any way and provided you comply strictly with these Terms of Use. You may download and print copies of the Content only for non-commercial, informational, personal use.

All brand names, characters, slogans, logos, service marks, and trademarks whether or not appearing in italicized, bolded and/or in large print, with or without the trademark symbols, are owned by or licensed to GNC or its affiliates, and are protected from reproduction, publication, modification, adaptation, imitation, dilution, displaying in public, or any other unauthorised use under national and international trademark and copyright laws. The Services and Content are copyrighted and protected as a collective work. Any unauthorized use of the Services or Content, material, or information on the Services or Content may violate copyright, trademark, unfair competition, false advertising, privacy, and other U.S. and/or international laws, and may infringe upon the rights of GNC and/or its affiliates. Such unauthorized use may result in your personal liability, including potential criminal liability.

Third Party IP Rights. The Services and/or Content may contain intellectual property owned by third parties, including but not limited to promotional and business partners, licensors, licensees, sponsors, and advertisers. Third-party intellectual property appearing on or through the Services or Content belongs to the respective owner.

6. Eligibility and Registration

You may be asked to register for certain activities in connection with the Services by creating a user profile. When you so register, you agree to provide accurate, current, and complete information about yourself and to promptly update this information to maintain its accuracy. We have the right to suspend or terminate any account or other registration and to refuse any and all current access to or future use of the Services if we suspect that such information is inaccurate or incomplete. You are responsible for maintaining the confidentiality of any password and username that you are given or select in connection with the Services, and you are responsible for all activities that occur under your account.

7. Disclaimer of Warranties

YOUR USE OF THE SERVICES AND ANY CONTENT IS AT YOUR OWN RISK. THE SERVICES AND ALL CONTENT ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND. WE MAKE NO, AND HEREBY EXPRESSLY DISCLAIM ALL, REPRESENTATIONS AND WARRANTIES ABOUT THE OPERATION OF THE SERVICES, THE ACCURACY OR COMPLETENESS OF THE CONTENT, OR THE INFORMATION, MATERIALS, GOODS, OR SERVICES APPEARING OR OFFERED ON OR THROUGH THE SERVICES AND/OR THE CONTENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, STATUTORY, OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS OR OTHER UNAUTHORIZED OR MALICIOUS CODE, AND ANY WARRANTIES RELATING TO THE ACCURACY, RELIABILITY, CORRECTNESS, OR COMPLETENESS OF ANY CONTENT. WE DO NOT WARRANT THAT THE SERVICES, CONTENT, FUNCTIONS, OR MATERIALS CONTAINED THEREIN WILL BE TIMELY, SECURE, ACCURATE, COMPLETE, UP-TO-DATE, FREE OF VIRUSES, MALICIOUS CODE OR ERRORS, OR UNINTERRUPTED.

8. Limitations of Liability and Waiver

IN NO EVENT WILL GNC, ITS AFFILIATES, OR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE CONTENT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES, LOST PROFITS, OR OTHER DAMAGES OR LOSSES WHATSOEVER ARISING OUT OF YOUR ACCESS, USE, MISUSE, OR INABILITY TO USE THE CONTENT, OR ANY SITES LINKED FROM THE CONTENT, HOWEVER CAUSED, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF GNC, ANY OF ITS AFFILIATES, OR ANY OF THEIR RESPECTIVE REPRESENTATIVES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, OR IN CONNECTION WITH ANY INTERRUPTION IN AVAILABILITY OF THE SERVICES OR CONTENT, FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE. YOU ASSUME ALL RESPONSIBILITY AND RISK OF DAMAGE, INJURY, OR OTHER LOSS RESULTING FROM YOUR USE AND/OR RELIANCE ON THE WEBSITE, THE SERVICES, AND/OR THE CONTENT. YOU HEREBY WAIVE, RELEASE, AND FOREVER DISCHARGE GNC AND ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS, LIABILITIES, OR OTHER OBLIGATIONS RESULTING FROM OR IN CONNECTION WITH YOUR USE OF AND/OR RELIANCE ON THE WEBSITE, THE SERVICES, OR THE CONTENT.

9. Links to Third Party Sites

GNC does not review any third-party web pages or websites hyperlinked to this Website or any Services and is not responsible for the content of any such off-site pages or sites. If you visit such off-site pages or sites through this Website or any Services, you do so at your own risk and GNC will accept no responsibility or liability in respect of your use of or reliance upon the material, content, links or any other information provided by or contained in any such third party website which is not under the control of GNC.

10. Privacy Policy

By accessing and/or using the Services or the Content, you acknowledge that you have reviewed, understand, accept, and agree to be bound by the terms of our Privacy Policy which governs, among other things, how we collect, use, and disclose information received through a Website or any Services.

11. Indemnification

You agree to indemnify, defend, and hold harmless GNC and its affiliates, and each of their respective directors, officers, employees, contractors, service providers, agents, representatives, successors, and assigns, from and against any and all demands, claims, damages, liabilities, judgments, losses, costs, expenses and harms, including reasonable attorneys’ fees and expenses (including any of the foregoing incurred in enforcement of this indemnity), related to or associated with your use of the Services and/or Content, online conduct, any violation of these Terms of Use, or dealings or transactions with other persons resulting from use of the Services or Content.

12. Termination

GNC reserves the right, in its sole and absolute discretion, to restrict, suspend, or terminate your access to and use of the Services or Content, with or without prior notice.

13. Governing Law; Dispute Resolution

These Terms of Use and your use of the Website, the Services and the Content shall be governed by and construed in accordance with the laws of the State of New York, without giving effect to its conflict of laws provisions. By accessing and/or using the Services or Content, you waive any claims that may arise under the laws of any other jurisdiction.

With respect to any and all disputes arising out of or in connection with the Services or Content, these Terms of Use, or the Privacy Policy, you agree to negotiate in good faith and use reasonable efforts to cooperate with GNC in order to achieve a mutually satisfactory resolution. Any dispute that is not resolved by informal negotiation will be subject to confidential binding arbitration in accordance with the commercial rules of arbitration of the American Arbitration Association in New York, New York.

14. Entire Agreement; Enforceability; No Waiver

If any provision of these Terms of Use shall be deemed unlawful, void or for any reason unenforceable, that provision shall be deemed void but shall not affect the validity and enforceability of the remaining provisions. These Terms of Use constitute the entire agreement between you and GNC with respect to their subject matter, and supersede any prior or contemporaneous communications and agreements (whether oral, written, or electronic) between you and us with respect to such subject matter. Our failure to enforce any provision of these Terms of Use or respond to a breach by you or any other party shall not in any way waive our right to enforce subsequently any terms or conditions of these Terms of Use or to act with respect to similar breaches.