terms and conditions

JOURNEY FITNESS INC.
TERMS AND CONDITIONS

privacy policy
childrens privacy
information collected
use of information collected
update personal information
general terms and conditions
return policy
contact us


WELCOME TO JOURNEYGYM.COM (THE “SITE”), WHICH IS PROVIDED BY JOURNEY FITNESS INC (“JOURNEY FITNESS”). PLEASE READ THESE TERMS OF USE CAREFULLY.  BY USING THIS WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE AND ANY AMENDMENTS THERETO, AND AGREE THAT YOU ARE AT LEAST 13 YEARS OF AGE AND ELIGIBLE TO USE THIS SITE.

IF YOU ARE 13 TO 17 YEARS OF AGE, YOU MUST USE THIS SITE ONLY WITH THE INVOLVEMENT OF YOUR PARENT OR GUARDIAN.  IF YOU DO NOT AGREE TO THE TERMS OF USE, PLEASE DO NOT USE THE SITE.

These Terms of Use and any amendments to these terms (the "Terms") govern your use of this Website and its related domains that contain a link to this document. The Terms may be changed in the future without further notice. Your continued use of the Website after any such changes constitutes your acceptance of the new Terms.

What are the journey fitness privacy policies?

Welcome to the journey fitness Inc. web site.  journey fitness develops, sells and licenses fitness products, including the journey gym.  journey gym has created the following privacy policy to demonstrate our commitment to protecting your privacy, and to disclose our information-gathering and dissemination practices. This online privacy policy is here to tell you about, among other things, the information journey fitness collects through our website, how we use that information, how you can opt out of certain uses of the information we collect, and how journey fitness can make changes to this privacy policy.  Please let us know if you have any questions regarding this privacy policy by contacting us at
info@journeygym.com.

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What are the children's privacy policies?

We do not knowingly collect personal information from children under the age of 13. If we learn that we have inadvertently obtained personal information on a child under the age of 13, that information will be deleted from our systems. journey fitness encourages parents to go online with their kids. Here are a few tips to help make a child's online experience safer:

Teach kids never to give out personal information, unless supervised by a parent or responsible adult. This includes their name, address, phone, school, etc.

Know the sites your kids are visiting and which sites are appropriate.

Look for web site privacy policies. Know how your child's information is being treated.

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What information does journey fitness collect?

In collecting your personal information, our intent is to provide you with a more customized experience. This information lets us provide services and features that we think are more likely to meet your needs. Of course, users can browse our website without providing any personal information, but once you give us this personal information, you are not anonymous to us.

journey fitness collects two types of information when you visit our Web site: information that may be used to identify you individually, such as your name and email address ("personal information"), and non-personal information, such as IP addresses, the type of browser you are using, and aggregated information about user activities on our Web site ("non-personal information").

personal information: We specifically request personal information from you at certain points on our website. For example, if you sign up for our newsletter, subscribe to our website, or purchase an item through our website, we collect personal information to complete the transaction. This information may include, without limitation, your name, shipping and billing addresses, telephone number, email address, and credit card information. From time to time, we may also request personal information about you and your interests in surveys, contest entry forms, or in other ways. You may always choose not to provide us with your personal information; however, this may limit our ability to provide you with a specific product or service, or to offer you personalized content.

non-personal information:
When you visit our website, we also collect non-personal information, such as your IP address, which is a number that can be used to identify your location and Internet Service Provider. We may also collect the URL from which you came to our Web site and the URLs visited on our Web site. A URL is the full address of a Web site page, which may contain some personal or identifying information about the person who is viewing it.

use of cookies:
We also use a feature of your browser called a cookie to assign identification to your computer. The unique user ID contained within your cookie automatically identifies your computer—but not you—to our servers every time you visit our website. Cookies by themselves cannot be used to find out the identity of any user, but may be correlated with identity information in our log files. You can turn off the cookie feature by using your browser preference options, but you may not be able to utilize some services properly. Current versions of many web browsers offer enhanced user controls for the placement and duration of cookies. Search for "cookies" under your web browser's Help menu for more information on the cookie management features available to you.

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How does journey fitness use or disclose the information it collects?

journey fitness uses your personal information to process your requests, to improve the features of our Web site, and to communicate with you. We may also use your personal information to personalize our website, and/or to analyze aggregate user data in order to improve our services. On occasion, we may also contact you about journey fitness or our business partners’ products or services that we think you will find useful. We might also contact you to see if you are interested in participating in market research regarding journey fitness. For information about opting out of such communications, please see our Opt-Out Policy section below.

cookies (again): We may use cookie and IP address information to count and track website visits in the aggregate, to personalize the website for each unique user, to control the frequency of individual advertisements to individual computers, and to target advertisements and promotions to broad demographic segments. We may also use IP addresses to help diagnose problems with our server, and to administer our website.

customer service issues and contacts:
We may use your email address to contact you in response to customer service complaints you have submitted, to address a problem affecting your use of the service, or to verify information concerning a transaction.

transaction processing: When you make a purchase on our Web site, we may need to provide personal information, including information such as your shipping address, billing information, telephone number, and credit card information, to third parties, including product manufacturers and shipping companies, as necessary solely to complete the transaction.

legal requirements:
We may disclose personal information when we deem necessary or appropriate to law enforcement or other entities or third parties as required by law or to protect our rights or the rights of others, to prevent harm to persons or property, to fight fraud, identity theft, or otherwise to comply with the law or legal process, to respond to claims, to protect our systems and customers, to ensure the integrity and operation of our business and systems, or to protect the rights, property, or safety of journey fitness and its employees or others.

business and accounting disclosures: We may also disclose non-identifying transaction information to third parties for the purpose of accounting and record keeping. We may also disclose aggregate user data or non-personal information in order to describe our services to prospective business partners, advertisers, and others, but will do so only in a form that does not identify individual users.

other disclosures: Occasionally we may disclose personal information in other circumstances, but we will only do this if we have explained at the time we collect the information the purpose for which it will be disclosed.

opt-out policy: You may opt out of receiving communication from us, from Affiliated Companies, or from other third parties by emailing us at:
info@journeygym.com or writing to us attn:

journey fitness Inc.
Attention: Privacy Policy Department
331 NE Hancock
Portland, Oregon 97212   

In addition, when we contact you via email, we may include instructions to unsubscribe from future emails if you so choose.

security: This website has industry-standard security measures in place to protect the loss, misuse, and alteration of the information under our control, and we make good-faith efforts to store your personal information in a secure operating environment. Unfortunately, no data transmission over the Internet can be guaranteed to be absolutely secure. As a result, while we strive to protect your personal information, we cannot ensure or warrant the security of any information you transmit to us or our online products or services, and you do so at your own risk.

other web sites and links: We may include links to Web sites operated by our business partners, affiliates, advertisers, and others. These third parties have separate data collection and privacy practices independent from ours, and thus Journey Fitness cannot be responsible for their policies or activities. Please contact those third parties directly if you have questions about their privacy policies.

community center/community chatrooms/message boards: Our website include or in the future may include online forums, chatrooms, message boards, and other interactive technologies that allow comments, messages, emails, and postings to be associated with a user's name or email address. Any information you post is public information and Journey Fitness cannot control what use third parties may make of this personal information.
All of these forums are public. Please consider this before you post.

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How can I correct, update, or delete my information?

journey fitness does not currently have a method for users to delete the personal information contained in our database. However, you may change or update the personal information we have collected by sending an email to
info@journeygym.com. Please include your email address, your order number, the name of the product you purchased, and the information you wish to change. In addition, you may delete the cookie stored on your computer, which will cause our system to perceive you as a new user with no known user data. You may also set your browser to reject cookies, but doing so may prevent you from using some of our services.

international users: Like almost every website, journey fitness may be accessed by an international audience. By visiting our Web site and providing us with data, you acknowledge and agree that your personal information may be processed for the purposes identified in this policy. In addition, such data may be stored on servers located outside your resident jurisdiction and in jurisdictions which may have less stringent privacy practices than your own. By providing us with your data, you consent to the transfer of such data.

what happens to my information if journey fitness is sold to or merges with another company? It is possible that journey fitness and/or any of our assets may be acquired by an unrelated third party. In such a transaction, as the owner of this customer information, we may disclose or sell the information as an asset of the company in conjunction with the sale of our company or the sale of a portion of our assets to a third party. While we will endeavor to require the successor company to maintain this privacy policy, we cannot guarantee that our policy will remain in effect.

changes to this policy: This policy may change from time to time. If we make any substantive changes to the policy in the future with regard to how we use your information, we will post those changes on our Web site in this location together with the date of the last update. Your continued use of the Web site after the changes are posted constitutes your agreement to the changes, both with regard to information we have previously collected from you and with regard to information we collect from you in the future. If you do not agree to the changes, please discontinue your use of our website.

product information: For questions about the Journey Gym or other products on this Website, please use the contact e-mail links found at the bottom of pages on this Website. For questions about orders placed through the Website, please use the customer service link in the e-mail receipt you receive or by contacting us through the information on the “contact” tab at the bottom of the pages of this Website.

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What are the general terms and conditions and the return policy?

our guarantee: All products on the Website carry at least a 30-day money-back guarantee (less shipping & handling) from the date of delivery from us or the manufacturer or distributor of the product in the event that you are not 100% satisfied with your purchase. To be eligible for this guarantee, you must contact us within the above 30-day period through the contact e-mail links found at the bottom of pages on this Website and submit a request for a return authorization n, or RA code. Journey Fitness will respond by e-mail (typically within two business days) and provide you with instructions for returning your product and receiving a refund of your purchase price (less shipping and handling). Should you experience any difficulty or delay in returning a product and securing the proper refund, please contact us through the information on the “contact.”

order and payment information:
If you use the Website to purchase a product, payment must be received by us prior to shipping. In ordering products through the Website, you agree to provide only true, accurate, current, and complete information. You hereby certify that any e-mail account you provide to us is registered to you. We shall have the right to bar your access to and use of the Website if we have reasonable grounds to believe that you have provided untrue, inaccurate, not current, or incomplete information to us. You agree that if you are ordering or purchasing products on behalf of a company, that you have sufficient authority to bind that company to the Terms. You agree that your placement of an electronic order on the Website is sufficient to satisfy the Statute of Frauds, and no further writing is required.

All prices displayed on the Website are quoted in U.S. dollars. We may elect not to deliver to addresses outside the United States and Canada.  We will add shipping and handling fees and applicable sales/use tax.

shipping:
If the product you ordered is in stock, you should generally receive your product within seven business days of the date we receive a properly completed order and payment is confirmed.  If the product you ordered is not in stock, it may take up to eight weeks for you to receive your product.  If that is the case, Journey Fitness will use its best efforts to keep you informed about the delivery date.  In any event, we won’t be liable for any loss, damage, cost, or expense related to any delay in shipment or delivery.

disclaimer of warranties:
YOU EXPRESSLY AGREE THAT USE OF THIS Website IS AT YOUR SOLE RISK. YOU UNDERSTAND AND AGREE THAT THIS Website AND THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE THROUGH IT ARE PROVIDED ON AN "AS-IS" AND "AS AVAILABLE" BASIS AND, EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION BELOW, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. JOURNEY FITNESS DOES NOT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE Website, ITS CONTENT OR THE PRODUCTS SOLD THROUGH THE Website.

IF ANY WRITTEN WARRANTY IS INCLUDED IN THE DOCUMENTATION WITH YOUR PRODUCT, THAT WARRANTY SHALL BE YOUR ONLY WARRANTY WITH REGARD TO THE PRODUCT.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

limitations on liability: IN NO EVENT SHALL JOURNEY FITNESS, ITS MEMBERS, AFFILIATES, REPRESENTATIVES OR EMPLOYEES (COLLECTIVELY, THE “JOURNEY FITNESS GROUP”) BE LIABLE FOR ANY DAMAGES, CLAIMS, OR LOSSES INCURRED (INCLUDING WITHOUT LIMITATION COMPENSATORY, INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES), HOWEVER CAUSED, AND UNDER ANY THEORY OF LIABILITY ARISING IN CONNECTION WITH: (I) THE Website; (II) THE USE OR INABILITY TO USE THIS Website; (III) THE PURCHASE OR USE OF ANY PRODUCTS THROUGH THE Website, INCLUDING BUT NOT LIMITED TO THE SAFETY OR FUNCTION OF ANY PRODUCT; (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OR LOSS OF YOUR TRANSMISSIONS OR DATA OR OTHER INFORMATION THAT IS SENT OR RECEIVED; OR (V) OTHERWISE UNDER THE TERMS, EVEN IF THE JOURNEY FITNESS GROUP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, CLAIMS, OR LOSSES. WITHOUT PREJUDICE TO THE FOREGOING LIMITATIONS, THE AGGREGATE LIABILITY OF THE JOURNEY GROUP TO YOU FOR ANY CAUSE WHATSOEVER, WHETHER BASED ON CONTRACT, WARRANTY, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE AND STRICT LIABILITY), OR PRODUCT LIABILITY OR ANY OTHER THEORY, SHALL NOT EXCEED THE AMOUNT YOU HAVE PAID JOURNEY FITNESS FOR PRODUCTS PURCHASED ON THIS Website IN THE IMMEDIATELY PRECEDING SIX MONTHS.

journey fitness will not be liable in any amount for failure to perform any obligation under these Terms if the failure is caused by the occurrence of any unforeseen contingency beyond its reasonable control, including without limitation Internet outages, communications outages, fire, flood, or war.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

copyright and trademarks:
All Website materials, including the logos, design, text, graphics, software, other files, and the selection and arrangement thereof (the "Content") are Copyright

© 2008-2013 journey fitness Inc. ALL RIGHTS RESERVED.

trademarks:
The following are trademarks or registered trademarks of journey fitness Inc.:  journey™, journey gym™, and health is a journey™.  These trademarks may not be copied, imitated, or used, in whole or in part, without our prior written permission.

linked websites:
journey fitness makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature, or reliability of websites accessible by hyperlink from this Website, or websites linking to this Website. The inclusion of any link does not imply affiliation, endorsement, or adoption by Journey Fitness of the website or any information contained therein. When leaving the Website, you should be aware that Journey Fitness’ Terms and policies no longer govern, and therefore you should review the applicable terms and policies, including privacy and data-gathering practices, of that website.

user conduct:
In using this Website, you agree:

Not to disrupt or interfere with the security of, or otherwise abuse, the Website, or any services, system resources, accounts, servers, or networks connected to or accessible through the Website or affiliated or linked websites;

Not to disrupt or interfere with any other user's enjoyment of the Website or affiliated or linked Web websites;

Not to upload, post, or otherwise transmit through or on this Website any viruses or other harmful, disruptive, or destructive files;

Not to use, frame, or utilize framing techniques to enclose any of out trademarks or other proprietary information (including the images found at the Website, the content of any text, or the layout/design of any page or form contained on a page) without our express written consent;

Not to use meta tags or any other "hidden text" utilizing our name, trademark, or product name without our express written consent;

Not to create or use a false identity on this Website;

Not to collect or store personal data about others;

Not to attempt to obtain unauthorized access to the Website or portions of the Website that are restricted from general access; and

Not to post any material that is knowingly false and/or defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, profane, sexually oriented, threatening, invasive of a person's privacy, or otherwise in violation of any law. You also agree not to post any copyrighted material unless the copyright is owned by you.

In addition, you agree that you will comply with all applicable local, state, national, and international laws and regulations, including but not limited to United States export restrictions, that relate to your use of or activities on this Website.

indemnification:
You agree to indemnify and hold harmless the Journey Fitness Group from any claim, action, demand, loss, or damages (including attorneys' fees) made or incurred by any third party arising out of or relating to your use of the Website, your violation of these Terms, or your violation of any rights of a third party.

changes to the website:
journey fitness may, in its sole discretion, terminate, change, modify, suspend, make improvements to, or discontinue any aspect of the Website, temporarily or permanently, including the availability of any features of the Website or access to any parts of the Website, at any time without notice to you, and you agree that Journey Fitness shall not be liable therefor.

international users:
This Website is controlled, operated, and administered by Journey Fitness from its offices within the United States of America.  You may not use the Website or export the content or products in violation of U.S. export laws and regulations. If you access this Website from a location outside of the United States, you are responsible for compliance with all local laws.

applicable law:
These Terms shall be governed by and construed in accordance with the laws of the State of Oregon, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to the Terms or your use of the Website shall be filed only in the federal or state courts in Portland, Oregon, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action, or proceeding arising out of the Terms.

termination:
Notwithstanding any of these Terms, journey fitness reserves the right, without notice and in its sole discretion, for any reason or no reason, to terminate your license to use the Website and to block or prevent future access to and use of the Website. You agree that Journey Fitness shall not be liable for any termination of your use of or access to the Website.

severability:
If any provision of these Terms shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

survival of certain terms:
The provisions of the following paragraphs shall survive the termination of these Terms indefinitely: Disclaimer of Warranties, Limitations on Liability, Indemnification, Applicable Law and Severability.

general:
The Terms constitute the entire agreement between Journey Fitness and you with respect to your use of the Website. Any cause of action you may have with respect to the Website or any products purchased through the Website must be commenced within one (1) year after the claim or cause of action arises, notwithstanding any statutes of limitation to the contrary. Any failure by Journey Fitness to enforce or exercise any provision of the Terms or related right shall not constitute a waiver of that right or provision. The section titles used in the Terms are purely for convenience and carry with them no legal or contractual effect.

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How can I contact journey fitness?

Please feel free to share any comments and concerns with us. If you have any questions about this privacy policy or the practices of this website, please contact:

journey fitness Inc.
Attention: Privacy Policy Department
331 NE Hancock  
Portland, Oregon 97212
Or e-mail us at
info@journeygym.com 

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