TERMS AND CONDITIONS OF USE
PLEASE READ ALL OF THE FOLLOWING TERMS AND CONDITIONS OF USE (“TOU”) BEFORE USING PUREFITNESS.COM (the “Site”) or our mobile application (the “App” and collectively with the Site, the “Services”). By continuing to access, link to, or use the Services, including any information, features, and functionality located on the Services, you signify your acceptance of and agree to be legally bound by the TOU.
PureFitness, LLC, including its affiliates and subsidiaries, (hereinafter, “Pure Fitness,” “We,” Us,” and “Our”) is the owner and operator of the Services, and reserves the right, in its sole discretion, to modify the TOU at any time, with or without notice to you. Any such modifications shall be effective immediately, so you should continue to review the TOU whenever you access the Services for use. Your use of the Services, or any product or service on the Services, after the posting of modifications to the TOU will constitute your acceptance of the TOU, as modified. If, at any time, you do not wish to accept the TOU, you should immediately discontinue any use of the Services. Any terms and conditions proposed by you which are in addition to or which conflict with the TOU are expressly rejected by us and shall be of no force or effect.
We and our licensors and suppliers of content, suppliers of equipment, agents, members, managers, officers, employees, representatives, successors, and assigns may, at their sole discretion, and at any time, discontinue the Services, in whole or in part, or may prevent or restrict your use of the Services or any product or service on the Services, in each case with or without notice to you. You agree that you do not have any rights in the Services and that we will have no liability to you if the Services is discontinued or your ability to access the Services or any content posted on the Services is terminated.
Unauthorized access, distribution, reproduction, copying, retransmission, publication, sale, exploitation (commercial or otherwise), or any other form of transfer of any portion of the Services, including but not limited to all content, is hereby expressly prohibited.
Content and Intellectual Property Rights
All content on the Services, including but not limited to, articles, other text, photographs, directories, images, guides, audio clips, and promotional copy, as well as the emblems, trademarks, trade names, copyrights, copyrightable material, service marks, and any other form of intellectual property (collectively, “Intellectual Property”) is owned by or licensed to us or third parties and are protected from unlawful use, replication, and distribution by copyright, trademark, publicity, and other laws. Nothing in the TOU is to be interpreted as transferring or licensing any Intellectual Property to you. Unless specifically permitted in writing by us, you shall not duplicate, capture, trade, upload, or otherwise exploit in whole or in part any of the Intellectual Property. Any use of the Intellectual Property other than as permitted by the TOU will constitute a violation of the TOU and may constitute copyright and/or patent infringement.
We respect the Intellectual Property of others and ask that our users do the same. In accordance with the Digital Millennium Copyright Act, we have designated a Copyright Agent to receive notice of claims of copyright infringement on the Services. Our Copyright Agent may be reached at [email protected]
Online Services; Permitted Use
The Services may contain various interactive portions, such as a message board or other types of features that allow users to post content on the Service. We have no obligation to actively monitor the such content, but we reserve the right to do so. We are not responsible for, nor do we vouch for the accuracy of, the content of any user comments or other content that may be posted or uploaded by a user. User comments and other content posted or uploaded by a user (“User Content”) express the views and opinions of the User and do not necessarily reflect our views or opinions. We reserve the right, in our sole discretion, to edit, delete, or refuse to post User Content, for any reason whatsoever.
If you believe that any User Content is inaccurate or objectionable, you should contact us by sending an email to [email protected] Please provide us with detailed information about the nature and location of the alleged objectionable material so that we may easily locate and investigate the same.
By using the Services, you agree that:
- You will not upload, post, email or otherwise transmit any material or other content that: (i) is defamatory, libelous, disruptive, threatening, invasive of a person’s privacy, harmful, abusive, harassing, obscene, hateful, or racially, ethnically or otherwise objectionable; or that otherwise violates any law; (ii) contains software viruses or any other computer codes, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; (iii) infringes any person or entity’s intellectual property rights (including but not limited to, patent, trademark, trade secret, copyright or other intellectual property right).
- You will not impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity.
- You will not repeatedly post the same or similar message (“flooding”) or post excessively large or inappropriate images or content.
- You will not distribute or publish unsolicited promotions, advertising or solicitations for funds, goods or services, including but not limited to, junk mail, spam and chain letters.
- You will not use the Services or upload, download, post, submit or otherwise distribute or facilitate distribution of content on or through the Services for any purpose that impairs or limits our ability to operate and maintain the Services or any other person’s ability to access and use the Services.
User Content becomes public information. You should be very careful about posting personally identifiable information such as your name, address, telephone number or email address. If you post personal information online, you may receive unsolicited messages from other Users in return.
If you submit any User Content, you grant to us, and any of our successors, licensees, assigns, and affiliates, a royalty-free, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to use, reproduce, modify, edit, adapt, publish, translate, create derivative works from, distribute, perform and display the User Content, and in any other media, now known or hereafter devised.
If you choose to communicate or meet with other users of the Services, you are doing so at your own risk. We do not, and have no obligation to, verify the identity of or otherwise screen our users for any reason. You acknowledge that there are risks, including the risk of physical harm, when dealing with strangers or people acting under false pretenses. You assume all risks associated with dealing with other users with whom you may come in contact through the Services.
The Services are meant for users 18 years old and over. We will not knowingly allow any user less than 18 years of age to submit any User Content to our Services.
Prohibited Use of the Services
You may not attempt or cause to attempt to gain unauthorized access to any portion or feature of the Services, or any other systems or networks connected to the Services, by hacking, password “cracking,” or any other illegitimate means. You may not breach or cause to breach the security or authentication measures on the Services or any other systems or networks connected to the Services, or otherwise attempt to interfere with the proper functioning of the Services. You will not falsify your identity or impersonate another person engage in conduct that limits the use and enjoyment of the Services, or any part thereof, by other users in any way, in each case as determined by us in our sole and absolute discretion.
In addition, you agree not to and will not assist another to:
- reverse engineer, disassemble, alter, decompile, duplicate, create derivative works from, make copies of, extract information from, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services, in whole or in part, except as expressly permitted by us;
- upload, post or store any materials that directly or indirectly contain viruses, corrupted files or any other similar harmful mechanism;
- link to, mirror or frame any portion of the Services without our prior express written permission;
- scrape, index, survey, or data mine any portion of the Services or unduly burden or hinder the operation of the Services; or
- remove any notice of the proprietary rights of our licensors and us from any portion of the Services or printed version thereof.
Mobile Devices and Apps
If you download the App from the iTunes® or Apple®Store for use with your Apple Inc. (“Apple”) mobile device (“Apple Mobile App”) or from Google Play® or Google, Inc. (“Google” and together with Apple, the “Device Providers”) for use with your Android® mobile device (“Android Mobile App” and together with Apple Mobile App, the “Mobile Apps”):
- You acknowledge that these Terms are concluded between you and Us only, and not with the Device Providers, and that We, not the Device Providers, are solely responsible for the Mobile Apps and the content thereof;
- You acknowledge that the Device Providers have no obligation whatsoever to furnish any maintenance and support services with respect to the Mobile Apps;
- In the event of any failure of any Mobile Apps to conform to any applicable warranty, you may notify Apple or Google, and they may refund you the purchase price (if any) for the Mobile Apps and that, to the maximum extent permitted by applicable law, the Device Providers will have no other warranty obligation whatsoever with respect to the Mobile Apps, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Our sole responsibility (subject to the qualifications, disclaimers, and limitations set forth in these Terms);
- You acknowledge that (i) in the event of any third party claim that the Mobile Apps or your possession and use of the Mobile Apps infringes that third party’s intellectual property rights, We, not Apple or Google, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim, and (ii) We, not Apple or Google, is responsible for addressing any of your claims or those of any third party relating to the Mobile Apps or your possession and use of the Mobile Apps, including (A) product liability claims, (B) any claim that the Mobile Apps fail to conform to any applicable legal or regulatory requirement, and (C) claims arising under consumer protection or similar legislation, in each instance, subject to the qualifications, disclaimers, and limitations set forth in these Terms (which will not be construed in a manner that would limit Our’s liability beyond the extent permitted by applicable law); and
- You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
Purchases on the Service
Additional terms and conditions may apply to purchases of services while using the Services, all of which terms are made a part of the TOU by this reference. If there is a conflict between this TOU and the terms posted for or applicable to a specific portion of the Services or for any service offered on or through the Services, the latter terms shall control with respect to your use of that portion of the Services or the specific service.
You may be asked to create a Member Account in order to access certain portions of the Services. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password, regardless of whether such use is authorized by you or not.
Our Privacy Notice applies to your use of the Services, and its terms are made a part of these TOU by this reference. To view Our Privacy Notice, please follow the Privacy Notice link in the footer of the website.
Linking to the Services
Subject to the terms and conditions of this TOU, you are permitted to link to our homepage for the Services. You may not link to the Services in a manner that may damage our reputation or take advantage of it or suggest an approval or endorsement without our prior written consent. You may not establish a link from any website that is not owned by you. You agree to cooperate with us in causing any unauthorized linking immediately to cease. We reserve the right to withdraw linking permission without notice.
Links to Other Services
The Services may contain links to independent third-party websites (“Linked Services”). We provide these Linked Services solely for your convenience and do not control or endorse any of them. We are not and cannot be responsible for the content, security, or privacy policies of such Linked Services.
We have used commercially reasonable efforts to implement a variety of administrative, managerial, and technical security measures designed to protect your personal information from unauthorized use and disclosure. We cannot, however, guarantee security of the information collected by us and we cannot promise that such measures will prevent third party "hackers" from illegally accessing the Services or its contents. We are not responsible or liable for any third party access to or use of the information collected by us.
Disclaimers and Limitation of Liability
We make no representations about the suitability, reliability, completeness, availability, timeliness or accuracy of the features of, or content on, the Services. We disclaim all liability in the event of any service failure. You acknowledge that any reliance on such material or systems will be at your own risk.
THE SERVICES ARE PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS. NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE MADE. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL WE BE LIABLE TO YOU FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES EVEN IF WE HAVE BEEN ADVISED SPECIFICALLY OF THE POSSIBILITY OF SUCH DAMAGES, ARISING FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION; USE OF OR INABILITY TO USE THE SERVICES OR ANY LINKS OR INFORMATION ON THE SERVICES OR ANY PROVISION OF THE TOU, SUCH AS, BUT NOT LIMITED TO, LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. WE CANNOT AND DO NOT WARRANT THAT YOUR MATERIALS, INCLUDING ANY PERSONAL OR FINANCIAL INFORMATION, SUPPLIED BY YOU WILL NOT BE INTERCEPTED, DELETED, MISAPPROPRIATED OR USED BY OTHERS. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING BUT NOT LIMITED TO, NEGLIGENCE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SERVICES.
You agree that we may, in our sole discretion and without prior notice, terminate your access to the Services and/or block your future access to the Services if we determine that you have violated or caused to be violated these TOU or other agreements or guidelines associated with your use of the Services. You also agree that any violation by you of these TOU will constitute an unlawful and unfair business practice, and will cause irreparable harm to us, for which monetary damages would be inadequate, and you consent to our obtaining any injunctive or equitable relief that we deem necessary or appropriate in such circumstances. These remedies are in addition to any other remedies we may have at law or in equity.
You agree that we may, in our sole discretion and without prior notice, terminate your access to the Services, including as a result of (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Services or any service offered on or through the Services, (4) termination of the membership agreement or (4) unexpected technical issues or problems. We similarly reserve the right to do any of the following, at any time, without notice: (1) modify, suspend or terminate operation of or access to the Services, or any portion of the Services, for any reason; (2) modify or change the Services, or any portion of the Services, and any applicable policies or terms; and (3) interrupt the operation of the Services, or any portion of the Services, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
If we take any legal action against you due to your violation of these TOU, we will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to we. You agree that we will not be liable to you or to any third party for termination of your access to the Services for any reason.
You agree to release, indemnify, defend and hold us harmless and our affiliates, and its and their respective shareholders, officers, members, managers, directors, employees, agents and advisors, from and against any and all losses, liabilities, claims (including claims without legal merit or brought in bad faith), demands, damages, costs or expenses, causes of action, suits, proceedings, judgments, awards, executions and liens, including reasonable legal fees and costs (whether brought by third parties or otherwise) due to or arising out of your use of the Services. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, which will not excuse your indemnity obligations under this Section.
You agree that all matters relating to your access to or use of the Services, including all disputes, will be governed by the laws of the United States and by the laws of the Commonwealth of Virginia without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in the Commonwealth of Virginia, and waive any objection to such jurisdiction or venue.
Any claim under the TOU must be brought within one year after the cause of action arises, or such claim or cause of action is barred. The prevailing party will be entitled to costs and attorneys’ fees.
We operate the Services from the Commonwealth of Virginia in the United States. If you choose to access the Services from outside the United States, you are responsible for complying with applicable local laws.
If a court or other tribunal of competent jurisdiction holds any of the provisions of these TOU to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these TOU, so that these TOU shall remain in full force and effect.
These TOU constitute the entire agreement between you and us with regard to your use of the Services, and any and all other written or oral agreements or understandings previously existing between you and us with respect to such use are hereby superseded and cancelled.
We are an independent contractor, and no partnership, business association, joint venture, agency or employment relationship is intended or created by these TOU. No party shall attempt to act, or represent itself as having the power, to bind another party or create any obligation on behalf of another party.
Our failure to insist on or enforce strict performance of these TOU shall not be construed as our waiver of any provision or any right it has to enforce these TOU, nor shall any course of conduct between you and us or any other party be deemed to modify any provision of these TOU. These TOU shall not be interpreted or construed to confer any rights or remedies on any third parties. We customer service representatives are not authorized to modify any provision of these terms, either verbally or in writing.
We may assign the TOU or any part of them, and we may delegate any of its obligations under the Agreements. You may not assign the Agreements or any part of them, nor transfer or sub-license your rights under the Agreements, to any third party.
We appreciate your interest in improving and expanding the Services. If you choose to send us content, information, ideas, suggestions or other materials relating to the platform, services or our business (“Feedback”), you hereby assign such Feedback to us, and you agree that we are free to use any Feedback, for any purposes whatsoever, including, without limitation, developing and marketing products and services, without any liability or payment of any kind to you.
Changes to TOU
We may alter these TOU from time to time, and your use of the Services (or any part of the Services) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the TOU have been changed. If you do not agree to any change to the TOU then you must immediately stop using the Services.