Welcome to www.pathwayfitness.org (hereinafter referred to as the “Website”, “Site”, “We”, “Us”, or “Our”). This Website is owned and operated by Pathway Fitness (hereinafter referred to as the “Company”). This Terms and Conditions Agreement (hereinafter referred to as the “Agreement”) sets forth the legally binding terms for your use of our Website. By accessing and using our Website, you agree to comply with and be bound by this Agreement. Please review this Agreement carefully before accessing our Website. If you do not agree to be bound by this Agreement, you may not access or use our Website.
In this Agreement, the following terms shall have the respective meanings specified below unless the context otherwise requires:
By accessing, browsing, or using our Website and its Services, you are agreeing to comply with and be bound by these Terms and Conditions, our Privacy Policy, and all applicable laws and regulations. If you do not agree to these terms, please do not use our Services or access our Website. By using our Website, you represent and warrant that you are at least 18 years old and that you have the legal authority to accept these Terms and Conditions. If you are entering into this Agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these terms and conditions, in which case the terms “you” or “your” shall refer to such entity. If you do not have such authority, or if you do not agree with these Terms and Conditions, you must not accept this Agreement and may not use the Services. We reserve the right to change, modify, add, or remove portions of these Terms and Conditions at any time and at our sole discretion. Your continued use of our Website following the posting of any changes means that you accept and agree to such changes. It is your responsibility to check these Terms and Conditions periodically for changes.
We reserve the right, at our sole discretion, to change, modify, add, or remove portions of these Terms and Conditions at any time without any prior written notice to you. It is your responsibility to review these Terms and Conditions periodically for updates or changes. Your continued use of the Website following the posting of changes will mean that you accept and agree to the revisions. As long as you comply with these Terms and Conditions, we grant you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Website.
As a user of the Website, you agree to use our Services only for lawful purposes. You agree not to use the Website for any purpose that is prohibited by these Terms and Conditions. You are responsible for all of your activity in connection with the Services. By way of example, and not as a limitation, you shall not (and shall not permit any third party to) either (a) take any action or (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any content on or through the Service, that:
We respect your privacy and are committed to protecting it. Our Privacy Policy, www.pathwayfitness.org/privacy-policy, governs the processing of all personal data collected from you in connection with your purchase of products or services through the Website. Our Privacy Policy is incorporated into these Terms and Conditions, and its terms are made a part of these Terms and Conditions by this reference. By using the Website, you acknowledge that you have read and understood the terms of our Privacy Policy. If you do not agree to the terms of our Privacy Policy, you should stop accessing and using the Website.
All content included on this Website, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Website, is the property of Pathway Fitness or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto. You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Website. Pathway Fitness content is not for resale. Your use of the Website does not entitle you to make any unauthorized use of any protected content, and in particular, you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use and will make no other use of the content without the express written permission of Pathway Fitness and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Pathway Fitness or our licensors except as expressly authorized by these Terms.
You are solely responsible for all User Content that you post on the Website. You hereby grant Pathway Fitness a perpetual, worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, modify, display, and perform all User Content in connection with the Website and our (and our successors’) business, including without limitation for promoting and redistributing part or all of the Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each User a non-exclusive license to access your User Content through the Website, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Content as permitted through the functionality of the Website and under these Terms of Service. We reserve the right to remove any User Content at any time for any reason.
In addition to other prohibitions as set forth in the Terms and Conditions, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
Our Website may contain links to third-party websites or services that are not owned or controlled by Pathway Fitness. Pathway Fitness has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that Pathway Fitness shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or services. We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.
In no event shall Pathway Fitness, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Website; (ii) any conduct or content of any third party on the Website; (iii) any content obtained from the Website; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Your use of the Website is at your sole risk. The Website is provided on an “AS IS” and “AS AVAILABLE” basis. The Website is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance. Pathway Fitness, its subsidiaries, affiliates, and its licensors do not warrant that a) the Website will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Website is free of viruses or other harmful components; or d) the results of using the Website will meet your requirements.
You agree to defend, indemnify and hold harmless Pathway Fitness and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Website, by you or any person using your account and password; b) a breach of these Terms, or c) Content posted on the Website.
We may terminate or suspend your account and bar access to the Website immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms. If you wish to terminate your account, you may simply discontinue using the Website. In the event of an account Termination, the Terms of Use explained herein and their various legal and practical implications remain active.
These Terms shall be governed and construed in accordance with the laws of Greece, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.
Any dispute, controversy or claim arising out of or in connection with this contract, or the breach, termination or invalidity thereof, shall be settled by arbitration in accordance with the Greek Arbitration Rules. The arbitral tribunal shall be composed of three arbitrators. The place of arbitration shall be Athens, Greece. The language of the arbitration shall be English. The decision of the arbitrator will be final and binding on the parties. The parties agree to accept service of process in accordance with the Greek Arbitration Rules.
If any provision of these Terms and Conditions is found to be invalid under any applicable law, such provisions shall be deleted without affecting the remaining provisions herein. The parties hereby agree to attempt to substitute for any invalid or unenforceable provision a valid or enforceable provision that achieves to the greatest extent possible the economic, legal and commercial objectives of the invalid or unenforceable provision.
These Terms and Conditions, together with the Privacy Policy and any amendments and any additional agreements you may enter into with Pathway Fitness in connection with the Website, shall constitute the entire agreement between you and Pathway Fitness concerning the Website, and supersede any prior terms you had with Pathway Fitness regarding the Website.
No waiver of any term of these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term, and Pathway Fitness’s failure to assert any right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision.
If you have any questions about these Terms and Conditions, please contact us at mariomarkoutsas@pathwayfitness.org. We welcome your questions, concerns, and feedback about this policy. Please send all comments and issues to us directly. Your satisfaction is our success, and we strive to provide a safe and positive experience for all of our users.
