Last Revised: December 18, 2006
The Nautilus, Inc. family of web sites (NautilusInc.com, Nautilus.com, Bowflex.com, NautilusTreadClimber.com, NautilusCatalog.com, NautilusApparel.com, NautilusInMotion.com, SchwinnFitness.com, StairMaster.com, TreadClimber.com, BowflexSelectTech.com, BowflexTreadClimber.com, NautilusInstitute.org, BowflexShop.com, BowflexRevolution.com, BowflexTreadmillShop.com, BuyBowflexTreadmills.com, BowflexCatalog.com, PearliZUMi.com and BowflexOwnersClub.com) ("Sites") takes the protection and proper use of your personal information seriously. We respect your privacy, and take care to safeguard information in our possession.
The privacy practices of this statement apply to our services available under the domains and subdomains of Nautilus, Inc. By visiting this or any of our Sites you agree to be bound by the terms and conditions of this Privacy Policy. If you do not agree, please do not use or access our Sites. As this policy may be modified from time-to-time, you should check this Privacy Policy frequently for any such changes. Your continued access or use of our Sites shall constitute acceptance of any modifications of the Privacy Policy. Our use of information gathered or obtained at any time is subject to the Privacy Policy in effect at the time of such use.
This Privacy Policy describes the information that we collect from you as part of the normal operation of our services, and what may happen to that information. Although this Privacy Policy may seem long, we have prepared a detailed policy because we believe you should know as much as possible about our practices so that you can make informed decisions. By accepting the Terms of Use, visiting any of our Sites, shopping on any of our Sites, completing our surveys, participating in our sweepstakes or other incentives, responding to our e-mails, or otherwise interacting with Nautilus, Inc., you are consenting to Nautilus, Inc. practices, including the use and disclosure of any personally identifiable information you have shared with us, as described in this Privacy Policy. Finally, please note that this policy applies only to the Nautilus, Inc. family of web sites and not to other companies' or organizations' web sites to which we link.
If you have any questions about this Privacy Policy or the site, please contact us by:
Nautilus, Inc.
Attn: Customer Service
16400 SE Nautilus Drive
Vancouver, WA 98683
Our Sites are not designed or intended for use by children under 13 and comply with the provisions of the Children's Online Privacy Protection Act. If you are under 18, you should use our Sites only with involvement of a parent or guardian. Children under 13 may not submit any personally identifiable information to us, and if we discover that we have inadvertently gathered any such information from a child under 13, we will take appropriate steps to delete it.
The information we obtain from Bowflex® Owners Club members and online shoppers helps us personalize and continually improve your shopping experience at our Sites. Here are the general types of information we gather:
Briefly, "cookies" are small files that we transfer to your computer's hard drive or your Web browser memory to enable our systems to recognize your browser and to provide convenience and other features to you, such as recognizing you as an existing customer or previous Site visitor. "Clear gifs" are tiny graphics with a unique identifier, similar in function to cookies, and may be used to track the online movements of Web users or to let us know if you have opened an e-mail that we sent you.
Examples of the information we collect and analyze in this manner include the Internet protocol (IP) address used to connect your computer to the Internet; computer and connection information such as browser type and version, operating system, and platform; your behavior on our web site and related services, including the products you view or searched for, as well as the URL you come from and go to next (whether this URL is on our site or not). The cookies and clear gifs that we use do not contain and are not tied to personally identifiable information about you.
You are always free to decline our cookies if your browser permits, although in that case you may not be able to participate in our surveys or incentives, purchase products, or take advantage of certain useful site features.
Information about site shoppers and other users is an important part of our business and we take steps to maintain the privacy and security of such information against unauthorized access. We generally use such information for such purposes as customizing future shopping and savings opportunities for you, improving our services, and communicating with you if you have authorized such communication. In an effort to serve you better and improve your online shopping experiences, we may also share such information as described below.
There are, however, circumstances in which we may share the information we collect about you (as described above) with other companies in order to provide you with access to products and services and to serve you effectively. We require these companies to adhere to our privacy standards and to use this information only for the limited purpose for which it was shared. We do not allow them to disclose it to others without our prior approval.
Due to the existing regulatory and legal environment, we cannot ensure that all of your private communications and other personal information will never be disclosed in ways not otherwise described in this Privacy Policy. By way of example (without limiting the foregoing), we may be required to disclose personal information to the government or third parties under certain circumstances, or third parties may unlawfully intercept or access transmissions or private communications. Therefore, although we use industry standard practices to protect your privacy, we do not promise, and you should not expect, that your personal information or private communications will always remain private.
We work to protect the security of your information during transmission by using Secure Sockets Layer (SSL) software, which encrypts information you input. We also use a secure server hosting location, firewall protection and controlled access to protect your data. All transmissions between our secured server and our corporate computer systems are done through private networks rather than through the Internet. We also have reasonable security measures in place to protect against loss, misuse and alteration of your information under our control. While no system is completely foolproof, we take the security of your personal information seriously, and our security measures are designed to protect that information in a responsible manner. However, you should be aware that any communication via the Internet, and security measures in connection with such communication, is not failsafe or foolproof, and there is always a possibility that data may be lost or intercepted by unauthorized parties during such transmission or after receipt. You agree that Nautilus, Inc. shall have no liability whatsoever in connection with such lost or intercepted data.
This does not mean that we can prevent spam from happening on the Internet. Unfortunately, spammers obtain e-mail addresses in a number of devious ways, including when you respond and ask to be taken off a spam e-mail list, and in some cases by just generating e-mails to millions of random e-mail addresses in the hopes of getting a few "live" ones.
If you believe that you have received unsolicited e-mail from us, please contact internetmarketing@nautilus.com.
We will retain in our files information you have requested to delete in some circumstances, such as to resolve disputes, troubleshoot problems and enforce our Terms of Use. Furthermore, such prior information is never completely removed from our databases due to technical and legal constraints, including stored "back up" systems.
Nautilus, Inc.
Attn: Customer Service
16400 SE Nautilus Drive
Vancouver, WA 98683
Please make sure to clearly indicate your contact and data privacy preferences by product line. Also, please include the e-mail address you used when you registered with the site and/or provided the information to help us verify your request.
You may notify us about your preferences at any time. Your request will remain in effect until you notify us otherwise. We will honor your request and not share the information we collect about you, except as permitted by law. If you are an existing customer, please understand that you may continue to receive marketing offers directly from other companies that were already in production prior to the processing of your request.
This Privacy Notice was last modified on February 18, 2005.
By using this site, you signify your agreement to all terms, conditions, and notices contained or referenced herein. If you do not agree to these Terms of Use ("Terms"), please do not use this site. The Nautilus, Inc. family of web sites (Nautilus.com, Bowflex.com, SchwinnFitness.com, Stairmaster.com, TreadClimber.com, BowflexSelectTech.com, NautilusInstitute.org and HebbIndustries.com) ("Sites") reserves the right to change these Terms, and your continued use of this web site constitutes agreement to all such changes. Please check the Terms periodically for changes.
All rights, title and interest in this web site and any content contained herein is the exclusive property of Nautilus, Inc., except as otherwise stated. This web site is intended for personal, noncommercial use. Nautilus, Inc. grants you a limited license to access and make personal use of this site. You may print, copy and download any information or portion of this web site for your personal use only. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools without express written consent from Nautilus, Inc. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, frame, create derivative works from, transfer, or otherwise use in any other way for commercial or public purposes in whole or in part any information, software, products or services obtained from this web site, except for the purposes expressly provided herein, without Nautilus, Inc.'s prior written approval. You may not use any meta tags or any other "hidden text" utilizing Nautilus, Inc.'s name or trademarks without the express written consent of Nautilus, Inc. Any unauthorized use terminates the permission or license granted by Nautilus, Inc. You are granted a limited, revocable, and nonexclusive right to create a hyperlink(s) to the home page(s) of the Sites so long as the link does not portray Nautilus, Inc., its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive manner.
Unauthorized use of this web site and or any Nautilus, Inc. systems, including, but not limited to, unauthorized entry into Nautilus, Inc. systems, misuse of passwords or misuse of any other information, is strictly prohibited. You may not use this web site in any manner that could damage, disable, overburden, or impair any Nautilus, Inc. Sites or service or interfere with any other party's use and enjoyment of any Nautilus, Inc. Sites or service. You may not attempt to gain unauthorized access to any Nautilus, Inc. Sites or service, computer systems or networks connected to any Nautilus, Inc. Sites or service, through hacking, password mining or any other means. You agree that you will not engage in any activities related to this web site that are contrary to applicable laws or regulations.
Nautilus, Inc. reserves the right, in its sole discretion, without any obligation and without any notice requirement, to change, improve or correct the information, materials and descriptions on this web site and to suspend and/or deny access to this web site for scheduled or unscheduled maintenance, upgrades, improvements or corrections. The information and materials on this web site may contain typographical errors or inaccuracies. Any dated information is published as of its date only, and Nautilus, Inc. does not undertake any obligation or responsibility to update or amend any such information. Nautilus, Inc. may discontinue or change any product or service described in or offered on this web site at any time.
The information, products and services on this web site are provided on an "AS IS" and "AS AVAILABLE" basis. Nautilus, Inc. does not warrant the information or services provided herein or your use of this web site generally, either expressly or impliedly, for any particular purpose and expressly disclaims any implied warranties, including but not limited to, warranties of title, non-infringement, merchantability or fitness for a particular purpose. Nautilus, Inc. will not be responsible for any loss or damage that could result from interception by third parties of any information or services made available to you via this web site. Although the information provided to you on this web site is obtained or compiled from sources we believe to be reliable, Nautilus, Inc. cannot and does not guarantee the accuracy, validity, timeliness or completeness of any information or data made available to you for any particular purpose. Neither Nautilus, Inc. nor any of its affiliates, directors, officers or employees, nor any third party vendor, will be liable or have any responsibility of any kind for any loss or damage that you incur in the event of any failure or interruption of this web site, or resulting from the act or omission of any other party involved in making this web site, the data contained herein or the products or services offered on this web site available to you, or from any other cause relating to your access to, inability to access, or use of the web site or these materials, whether or not the circumstances giving rise to such cause may have been within the control of Nautilus, Inc. or of any vendor providing software or services. In no event will Nautilus, Inc. or any such parties be liable to you, whether in contract or tort, for any direct, special, indirect, punitive, consequential or incidental damages, attorney fees, or any other damages of any kind even if Nautilus, Inc. or any other such party has been advised of the possibility thereof. This limitation on liability includes, but is not limited to, the transmission of any viruses which may infect a user's equipment, failure of mechanical or electronic equipment or communication lines, telephone or other interconnect problems (e.g., you cannot access your Internet service provider), unauthorized access, theft, operator errors, strikes or other labor problems or any force majeure. Nautilus, Inc. cannot and does not guarantee continuous, uninterrupted or secure access to the web site.
The names of other companies and marks used on third-party products or services mentioned herein may be registered trademarks and service marks or trademarks and service marks of their respective companies and/or owners.
You are prohibited from using any marks for any purpose including, but not limited to, use as meta tags on other pages or sites on the World Wide Web without the written permission of Nautilus, Inc. or such third party that may own the marks.
If you copy or download any information or software from this web site, you agree that you will not remove or obscure any copyright or other notices or legends contained in any such information.
Briefly, "cookies" are small files that we transfer to your computer's hard drive or your Web browser memory to enable our systems to recognize your browser and to provide convenience and other features to you, such as recognizing you as an existing customer or previous site visitor. "Clear gifs" are tiny graphics with a unique identifier, similar in function to cookies, and may be used to track the online movements of Web users or to let us know if you have opened an e-mail that we sent you.
Examples of the information we collect and analyze in this manner include the Internet protocol (IP) address used to connect your computer to the Internet; computer and connection information such as browser type and version, operating system, and platform; your behavior on our web site and related services, including the products you view or searched for, as well as the URL you come from and go to next (whether this URL is on our site or not). The cookies and clear gifs that we use do not contain and are not tied to personally identifiable information about you.
You are always free to decline our cookies if your browser permits, although in that case you may not be able to participate in our surveys or incentives, purchase products, or take advantage of certain useful site features.
- If an item's correct price is lower than our stated price, we will charge the lower amount and ship you the item.
- If an item's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
Please note that this policy applies only to products sold and shipped by Nautilus, Inc.
THE LIMITATION OF LIABILITY SET FORTH ABOVE SHALL APPLY TO EVERY FORM OF ACTION, WHETHER IN CONTRACT, WARRANTY, STRICT LIABILITY, NEGLIGENCE, OR OTHER TORT, AND SHALL SURVIVE ANY BREACH OF THE TERMS OR ANY AGREEMENT, OR THE FAILURE OF THE ESSENTIAL PURPOSE OF THE TERMS OR AN AGREEMENT OR ANY EXCLUSIVE REMEDY.
IN NO EVENT SHALL NAUTILUS, INC.'S LIABILITY EXCEED $50.00.
Unless otherwise specified herein, these Terms and the site's Privacy Policy constitute written agreements between you and Nautilus, Inc. with respect to this site and supersedes all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and Nautilus, Inc. with respect to this site. A printed version, and any electronic notices pertaining to the same shall be admissible in a judicial or administrative proceeding to the same extent, and subject to the same restrictions, as any other contract, document or record originally in printed form.
If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
If you choose to visit Nautilus, Inc. Sites, your visit and any dispute over privacy is subject to these Terms and our Privacy Policy, including limitations on damages, arbitration of disputes, and application of the law of the State of Washington. If you have any concern about privacy at Nautilus, Inc., please contact us with a thorough description, and we will try to resolve it.
Nautilus, Inc.
Attn: Legal Department
16400 SE Nautilus Drive
Vancouver, WA 98683
Terms of Use last modified on February 18, 2005