Terms and Conditions

ACCEPTANCE OF TERMS AND CONDITIONS

By using this site (the "Site"), you ("you" or the "End User") agree to the terms and conditions that we ("GYMBR") have provided. If you do not wish to agree to the outlined terms and conditions (the "Terms of Use" or "Agreement"), please refrain from using the Site.



Definitions

"GYMBR" provides an interactive online service operated by GYMBR, LLC. (herein referred to as “GYMBR”) on the World Wide Web of the Internet (the "Web"), consisting of information services, content and transaction capabilities provided by GYMBR, affiliates of GYMBR and other third parties.



Terms and Conditions for All GYMBR Products

All vouchers printed from the GYMBR website or any website associated with GYMBR (hereinafter “Vouchers/Passes”) are promotional vouchers that are offered to customers below their face value and shall be subject to the terms and conditions of GYMBR and the participating merchant. The Merchant is the seller of the services which you are purchasing.

GYMBR reserves the right to make any changes to our Terms of Use and/or our Privacy Policy (which is incorporated herein by reference) as we deem necessary or desirable without prior notification to you. We suggest to you, therefore, that you re-read this important notice containing our Terms of Use and Privacy Policy from time to time in order that you stay informed as to any such changes. If we make changes to our Terms of Use and Privacy Policy and you continue to use our Site, you are impliedly agreeing to the Terms of Use and Privacy Policy expressed herein.
* Your privacy is important to us and we will protect it. We will not share your personal information with anyone other than those listed in our Privacy Policy.
* As a condition of purchase, GYMBR requires your permission to send you administrative and promotional emails. We will send you information regarding your account activity and purchases, as well as updates about our products and promotional offers. Please see our Privacy Policy for details.
* By placing an order, you make an offer to us to purchase products you have selected based on standard GYMBR restrictions, merchant-specific restrictions, and on the terms and conditions stated below.
* You are required to create an account in order to purchase any product from our site. This is required so we can provide you with easy access to print your orders, view your past purchases, and modify your preferences.
* GYMBR takes no responsibility for the services or products for which GYMBR certificates may be redeemed – GYMBR makes no warranty to the GYMBR End Users for the quality, safety, usability, or other aspect of the product or service for which the GYMBR pass is redeemed. Some services for which GYMBR can be redeemed are activities that involve potential bodily harm (such as rock climbing or gymnastics, etc), and for those activities, GYMBR takes no responsibility for the service or activity being offered, and the End User takes responsibility for his or her own actions in utilizing the services for with the GYMBR pass can be redeemed.
* The GYMBR pass you purchase is redeemable for goods or services by the seller of such goods and services, hereinafter defined as "Merchant." The Merchant, not GYMBR, is the seller of the goods and services. GYMBR sells a voucher/pass that can be redeemed in connection with your purchase of the goods or services from Merchant.
* If you have any questions about these terms, please contact GYMBR.
* Merchant Certificate may be applied only to services sold by merchant, and may not be applied to membership charges.
* Limit one (1) certificate per redemption. Only one certificate can be used per order unless otherwise specified by merchant.
* The issuing of credit is at the sole discretion of the merchant unless otherwise required by law.
* Neither the seller nor the merchant is responsible for lost or stolen certificate or certificate's reference number.
* Certificate cannot be combined with any other gift certificates, third party certificates, coupons, or promotions, unless otherwise specified by merchant.
* Reproduction, sale or trade of this certificate is prohibited unless done so in compliance with the law.
* Any attempted redemption not consistent with these terms and conditions will render the certificate null and void.
* Void to the extent prohibited by law.
* Expires on the date specified on the GYMBR voucher, except where otherwise prohibited by law.

This Agreement sets forth the terms and conditions that apply to the use of this Site by the End User. By using this Site (other than to read this Agreement for the first time), End User agrees to comply with all of the terms and conditions hereof. The right to use this Site is personal to End-User and is not transferable to any other person or entity. End User shall be responsible for protecting the confidentiality of End User's password(s), if any. End User acknowledges that, although the Internet is often a secure environment, sometimes there are interruptions in service or events that are beyond the control of GYMBR, and GYMBR shall not be responsible for any data lost while transmitting information on the Internet. While it is GYMBR’s objective is to make the Site accessible 24 hours per day, 7 days per week, the Site may be unavailable from time to time for any reason including, without limitation, routine maintenance. You understand and acknowledge that due to circumstances both within and outside of the control of GYMBR, access to the Site may be interrupted, suspended or terminated from time to time.

GYMBR shall have the right at any time to change or discontinue any aspect or feature of GYMBR, including, but not limited to, content, hours of availability and equipment needed for access or use. Further, GYMBR may discontinue disseminating any portion of information or category of information, may change or eliminate any transmission method and may change transmission speeds or other signal characteristics.

According to the laws of the respective states in which you purchased your GYMBR pass, and in which you wish to redeem your GYMBR pass at the Merchant, the Merchant is responsible for allowing you to redeem your GYMBR pass for the cash value based on the money you actually paid for your GYMBR pass (i.e. if you paid $100 for a GYMBR pass which gives you $150 of value to the Merchant, the cash value that you paid is $100, not $150), for a period of time that may extend beyond the expiration date on the GYMBR pass. While the expiration date on the GYMBR pass dictates the last date that you can use your GYMBR pass at Merchant for the promotional offer which is stated on the GYMBR pass, state laws (which vary state-by-state, and which are generally made available by each State on the web) may provide that the Merchant is responsible for honoring the cash value that you paid for your GYMBR pass for a period of time beyond the expiration date stated on the GYMBR pass. If applicable, this is a statutory provision which applies to the Merchant, and it is the sole responsibility of the Merchant (and in no way the responsibility of GYMBR, as GYMBR is not the Merchant, has no obligations of the Merchant, and is merely selling the promotional voucher on behalf of the Merchant) to comply with such applicable laws and statutes which may govern the Merchant.


Disclaimer of Warranty; Limitation of Liability.

END USER EXPRESSLY AGREES THAT USE OF THIS SITE AND THE MICROSITES IS AT END USER'S SOLE RISK. NEITHER GYMBR, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO (I) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THIS SITE, OR (II) THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH THIS SITE OR THE MICROSITES.

THIS SITE AND THE MICROSITES ARE MADE ACCESSIBLE ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.

THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT,

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