LIVE FIT GYM TERMS AND CONDITIONS OF USE AGREEMENT
Updated as of April 03, 2023
All agreements, representations, rules, restrictions, and limitations set forth herein are subject to modification or otherwise being superseded with the duly-authorized specific permission and agreement of Live Fit Gym set forth in a separate written agreement and properly attested to by Live Fit Gym.
If you become aware of misuse of this Website by any person, please contact us as set forth below.
INTELLECTUAL PROPERTY AND ADVERTISING
Materials on our Website are protected by U.S. and international trademark and copyright laws and may only be used for personal, non-commercial purposes. This includes all information, design and design elements, text, fonts, icons, images, graphics, audio clips, wallpaper, desktop themes, video clips, metadata, data, selection and arrangement of elements, organization, source and object code, format, algorithm, and structure of our Website, and other published material. Our posting of same does not constitute a waiver of any right in any of the foregoing. The Live Fit Gym logo and all page headers, custom graphics, button icons, trademarks, service marks and logos on our Website, unless otherwise noted, are service marks, trademarks (whether registered or not) and/or trade dress of Live Fit Gym (the “Marks”). You are not authorized to display or use the Marks in any manner without our express prior written permission. The use or misuse of the Marks or other trademarks, names, logos, service marks and/or trade dress or any other materials contained herein is expressly prohibited. All other product and company names and trademarks mentioned, displayed, cited or otherwise indicated on our Website are the property of their respective owners.
You agree not to use any deep-link, page-scrape, spider, robot, crawl, index, Internet agent, or other automatic device, program, algorithm or technology which does the same things, to use, access, copy, acquire information, generate impressions, input information, store information, search, generate searches, or monitor any portion of our Website.
The reproduction, duplication, distribution (including by way of email, facsimile or other electronic means), publication, modification, copying or transmission of material from this Website is STRICTLY PROHIBITED unless you have obtained our prior written consent. The material covered by this prohibition includes, without limitation, any and all text, graphics, logos, photographs, audio or video material and stills from audiovisual material available on this Website. The use of materials from this Website on any other website or networked computer environment is similarly prohibited. Requests for permission to reproduce or distribute materials found on this Website can be made by contacting us as set forth below.
You may not link or cause or allow anyone else to link to any part of this Website without our express written permission. If you want to create a link to this Website, please contact us as set forth below. You may not represent in any way, expressly or by implication, that you have received our endorsement, sponsorship or support unless you have our express, written permission to do so.
We do not endorse and take no responsibility for third party advertisements or materials which may be posted on this Website, nor do we take any responsibility for the goods or services provided by our advertisers. We reserve the right, at any time, for any reason not prohibited by law, to deny permission to anyone linking a website to our Website.
USE AND RESTRICTIONS
You agree to use this Website and all Live Fit Gym facilities and Services only for your personal information, use, and entertainment. You agree that you shall not and shall not allow anyone else to:
- Reproduce, download, archive, redistribute, broadcast, sell, resell, license, modify, create derivate works of, exploit, or make any commercial use of any of our Services or any content of this Website;
- Remove or alter any copyright, trademark, or other intellectual property notices we post or that are contained on our Website;
- Reverse engineer, disassemble, decompile, or otherwise try to gain access to the source code of any portion of our Website;
- Remove, disable, circumvent, or disrupt any copy protection, rights management, or security features of this Website or our Services, or scan, probe, or test the vulnerability of any Live Fit Gym system or network or the systems and networks connected to our facilities and/or Services;
- Use any software robots, spiders, web crawler, bots, or other similar means whether automated or manual, to access, acquire, index, or aggregate information from our Website and/or Services;
- Upload to our Website any virus, malware, trojan horse, or any other malicious software;
- Try to gain unauthorized access to, interfere with, damage, disrupt, or otherwise create an undue burden on the server on which our Website is hosted or any server, computer, or database connected to our Website;
- Share your Live Fit Gym membership, account, password, or other login information with another person or use another person’s Live Fit Gym membership, account, password or other login information;
- Bypass any geographic restrictions that may be placed on our Services, including any IP address-based restrictions;
- Use our Services or Website from any place that is subject to a U.S. government embargo, or that the U.S. Government has designated a terrorist supporting country;
- Violate any applicable law, statute, ordinance, or regulation governing your use of the Services.
By uploading or submitting any content, you represent and warrant to us that you own or have the necessary rights or licenses to submit such content and grant the rights granted to us herein. You also represent and warrant that any uploaded material does not:
- infringe any copyright, trademark, or other intellectual property or other rights of any other person or entity;
- contain any material that (1) is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable; (2) promotes sexually explicit, suggestive, or pornographic material, violence, or discrimination based on race, sex/gender, religion, nationality, disability, sexual orientation, gender identification, or age;
- promote any illegal activity, or advocate, promote, or assist any unlawful act;
- involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter, or advertising;
- give the impression that the content emanates from or is endorsed by Live Fit Gym or any other person or entity, if this is not the case.
ADDITIONAL TERMS, CONDITIONS AND AGREEMENTS
If you think any material on our Website infringes your copyright or any other related right, please notify us of your claim by following this procedure. We will process notices of alleged infringement which we receive and will take appropriate action as required by the Digital Millennium Copyright Act (“DMCA”) and other applicable laws. The DMCA requires notifications of claimed copyright infringement be sent to our Designated Agent, which can be reached as indicated below.
The notification must be in writing and contain the following information (DMCA, 17 U.S.C. 512(c)(3)): 1. Physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; 2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; 3. Identification of the material claimed to be infringing or to be the subject of infringing activity and which is to be removed or access to which is to be disabled, and information reasonably sufficient to allow the service provider to locate the material; 4. Information reasonably sufficient to allow the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted; 5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; 6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
E-mails sent to us with subject “DMCA” for purposes other than communication about copyright claims may not be acknowledged or responded to.
If your content has been removed from our Website in response to our receipt of a DMCA Notification as outlined above, and you believe the removal was inappropriate, you may submit a DMCA Counter-Notification by contacting us as set forth below.
Please include the following information: Your name, address, telephone number and email address; A statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district for which jurisdiction for Live Fit Gym would be appropriate (e.g., Northern District of California), and that you will accept service of process upon the person who submitted the DMCA notification or an agent of such person; A description of the material which has been removed or to which access has been disabled and the location where the material appeared before it was removed or access to it was disabled; A statement by you under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and your written or electronic signature attesting to the above.
DISCLAIMER OF LIABILITY AND WARRANTIES
You agree that you use our facilities and Services, and this Website, and that you rely on material contained on this Website at your own risk. To the maximum extent permitted by law, this Website and all materials on this Website are provided “as is” and, to the fullest extent permitted by law, are provided without warranties of any kind either express or implied. This means, without limitation, that Live Fit Gym DOES NOT WARRANT that the Website is fit for any particular purpose; that the functions contained in the materials on the Website will be uninterrupted; that defects will be corrected; that the Website is free of viruses and other harmful components or that the Website is accurate, error-free or reliable. You acknowledge that Live Fit Gym is NOT LIABLE for any delays, inaccuracies, failures, errors, omissions, interruptions, deletions, defects, viruses, communication line failures or for theft, destruction, damage or unauthorized access to or of your computer system, network, or information.
You acknowledge and agree that we are not liable for any defamatory, offensive, or illegal conduct or material found in connection with this Website, including such conduct or material transmitted by any means by any other person.
You acknowledge and agree that we are not liable for any damages, including, without limitation, direct, incidental, special, consequential, or punitive damages, in connection with or arising from your use or from your inability to use the Website.
LIVE FIT GYM PROVIDES THIS WEBSITE AND ITS SERVICES “AS IS” AND WITHOUT ANY WARRANTY, PROMISE OR REPRESENTATION, EXPRESS, IMPLIED, OR STATUTORY. WE SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from state to state. For information regarding your legal rights, please consult with a licensed attorney.
LIMITATION OF LIABILITY
IN NO EVENT SHALL LIVE FIT GYM BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR WEBSITE, OUR SERVICES OR THIS AGREEMENT, HOWEVER ARISING, INCLUDING ORDINARY NEGLIGENCE OR OTHER CONDUCT SAVE FOR INTENTIONAL CONDUCT, GROSS NEGLIGENCE, OR RECKLESS DISREGARD FOR THE RIGHTS OF OTHERS.
THE LIABILITY OF LIVE FIT GYM FOR ACTS AND/OR OMISSIONS OTHER THAN INTENTIONAL CONDUCT, GROSS NEGLIGENCE, AND RECKLESS DISREGARD FOR THE RIGHTS OF OTHERS IS LIMITED TO A MAXIMUM OF ONE HUNDRED DOLLARS ($100). Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU HEREBY WAIVE ANY AND ALL RIGHTS TO COMMENCE ANY CLAIM OR ACTION AGAINST LIVE FIT GYM, INCLUDING BUT NOT LIMITED TO ANY CLAIM OR ACTION RELATED TO THIS WEBSITE, AFTER THE ONE-YEAR ANNIVERSARY OF THE FIRST OCCURRENCE OF THE KIND OF ACT, EVENT, CONDITION OR OMISSION UPON WHICH SUCH CLAIM OR ACTION IS BASED.
Except to the extent any such liability or claim is brought by you, you agree to defend, indemnify and hold harmless Live Fit Gym from and against all the liabilities, claims, damages and expenses (including reasonable attorney’s fees and costs) arising out of your use of or failure to use our facilities, Services, or this Website, or your breach or alleged breach of these Terms of Service, or your breach or alleged breach of the copyright, trademark, proprietary or other rights of third parties.
You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our facilities and service, as well as any bid, listing, purchase, solicitation of offers to purchase, and sale of items in which you are involved.
These Terms and Conditions are effective to the fullest extent permissible by applicable law. If any provision of these Terms and Conditions is unlawful, void, or unenforceable, that provision is deemed severed from the others and shall not affect the validity and enforceability of any remaining provisions. These Terms and Conditions are governed by, and construed in accordance with, the laws of the State of California without giving effect to any principles of conflicts of law.
Except as explicitly stated otherwise or required by law, you shall give any notices to us using the contact information provided below. You are solely responsible for giving us and maintaining with us valid contact information acceptable to us for the purpose of receiving notices. Notice shall be deemed given 24 hours after we send an email to you at any email address you may provide to us as a valid method for reaching you, until you withdraw that email address or otherwise inform us it is no longer valid. We may, alternately and at our sole discretion, give you notice by certified mail, postage prepaid and return receipt requested, to any mailing address you may provide to us as a valid method for reaching you, until you withdraw that address or otherwise inform us it is no longer valid. In such case, notice shall be deemed given 3 days after the date of mailing. If you do not have a current method of contacting you on file with us, then we may contact you at any address you have provided to us at any time, regardless of whether it has been withdrawn or is no longer valid, or by any other means which seems reasonable to us in our sole discretion as a method for reaching you. To be effective, notices directed to us must actually be received by us.
RESOLUTION OF DISPUTES
If a dispute arises between you and us, except to the extent some other terms relating to dispute resolution have been agreed between you and us in writing, you agree that you will pursue any claim or controversy at law or equity that arises out of these Terms of Service, use of any of our facilities, or use of our Services (“Claims”) only in accordance with the provisions below or as otherwise mutually agreed upon in writing by us.
CLAIMS WITHIN THE JURISDICTION OF THE SMALL CLAIMS COURTS OF THE STATE OF CALIFORNIA. You agree that the exclusive jurisdiction for any claim you may wish to bring against us which claim falls within the jurisdiction of the small claims courts of the State of California shall be prosecuted only in the small claims courts of the State of California.
CLAIMS FOR INJUNCTIVE RELIEF. Notwithstanding any other provision of these Terms and Conditions, you agree that we may bring an action seeking injunctive relief in any state, federal, or other court of law as may have jurisdiction over the matter at issue.
BINDING ARBITRATION. All disputes not subject to the foregoing provisions and which cannot be resolved informally between you and us, including causes of action arising out of or connected with our Website, must be submitted to binding arbitration and decided on an individual basis, without the right for any claims to be pursued or decided as a class, consolidated, collective, or representative action. The arbitration shall be conducted exclusively in San Francisco, California, on a confidential basis pursuant to the Federal Arbitration Act, by and pursuant to the applicable rules of the American Arbitration Association (see https://www.adr.org/). Any decision or award as a result of any such arbitration proceeding shall be in writing and shall provide an explanation for all conclusions of law and fact and shall include any assessment of costs, expenses, and reasonable attorneys’ fees as may be applicable. An award of arbitration may be confirmed in a court of competent jurisdiction.
You agree that these Terms of Service and all incorporated agreements may be automatically assigned by us in our sole discretion. Headings used herein are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. These Terms of Service set forth the entire understanding and agreement between us with respect to the subject matter hereof and may not be modified except via a written document duly acknowledged by us.
The services hereunder are offered by Live Fit Gym, Inc., which may be reached at the contact information provided below.
Live Fit Gym
P.O. Box 640687
San Francisco, CA 94164
THANK YOU FOR YOUR INTEREST IN LIVE FIT GYM!
COPYRIGHTS © / TRADEMARKS (™): Copyright © 2023 by Live Fit Gym, Inc., a California corporation. Unless otherwise indicated, all trademarks herein are owned by Live Fit Gym or are used under license. All rights reserved. All materials contained in our Website are protected by copyright and trademark and shall not be used for any purpose whatsoever other than private, non-commercial viewing purposes. Reproduction, duplication, distribution, derivative works, and other unauthorized copying or use of stills, audio, video footage, or any other materials contained herein are expressly prohibited.