Notwithstanding the foregoing, the “Online Services” will be deemed to exclude 24 Hour Fitness gym memberships, classes and training services, and other services that are not provided through the Site and/or the App (collectively, “Other Services”), the purchase and/or use of which may be subject to separate terms, conditions and/or policies provided by 24 Hour Fitness, whether or not provided through the Site or the App (collectively, “Other Terms”). For example, gym memberships are subject to, among other things, the terms and conditions of our Membership Policies and Club Membership Agreement. For clarity, in the event of any dispute arising out of or related to any Other Service, the terms and conditions of the applicable Other Terms will govern with respect to such dispute.
By using (including any purchase of) any Online Service, you agree and warrant that you are 18 years old or older and are of legal age to enter into this agreement, or, if you are not, that you have obtained parental or guardian consent to enter into this agreement. We hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of parental control protections is available from https://en.wikipedia.org/wiki/Comparison_of_content-control_software_and_providers; please note that 24 Hour Fitness does not endorse any of the products or services listed on such site.
Important Note Regarding Information Related to Health
CALL 911 OR GO TO YOUR NEAREST HOSPITAL EMERGENCY ROOM IN THE EVENT OF AN EMERGENCY SITUATION.
YOUR USE OF THE ONLINE SERVICES AND ANY INFORMATION PROVIDED IN CONNECTION WITH THE ONLINE SERVICES IS AT YOUR OWN RISK. THE ONLINE SERVICES MAY MAKE AVAILABLE INFORMATION REGARDING HEALTH (“HEALTH INFORMATION”). PRIOR TO PARTICIPATING IN ANY EXERCISE PROGRAM OR ACTIVITY, YOU SHOULD SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROFESSIONAL. YOU AGREE THAT YOU WILL NOT USE ANY HEALTH INFORMATION PROVIDED BY OUR ONLINE SERVICES TO DIAGNOSE, TREAT, CURE OR PREVENT ANY MEDICAL CONDITION. APPLICATION OR RELIANCE ON OF ANY HEALTH INFORMATION, INCLUDING ANY TECHNIQUES, IDEAS AND SUGGESTIONS ACCESSED THROUGH OUR ONLINE SERVICES, IS AT YOUR SOLE DISCRETION AND RISK.
OUR ONLINE SERVICES, AND ANY HEALTH INFORMATION, (A) ARE NOT A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS OR TREATMENT; (B) SHOULD NOT BE CONSTRUED AS THE PROVISION OF ADVICE OR RECOMMENDATIONS; AND (C) SHOULD NOT BE RELIED UPON AS THE BASIS FOR ANY DECISION OR ACTION, INCLUDING THE DIAGNOSIS OR TREATMENT OF ANY MEDICAL CONDITION. WE ARE NOT RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY HEALTH INFORMATION. HEALTH INFORMATION IS NOT EXHAUSTIVE AND SHOULD NOT BE CONSIDERED COMPLETE OR UP-TO-DATE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF HEALTH INFORMATION. THE RELATIONSHIP BETWEEN YOU AND US IS NOT A PHYSICIAN-PATIENT OR SIMILAR RELATIONSHIP; ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROFESSIONAL WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION, AND NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF ANY INFORMATION MADE AVAILABLE BY THE ONLINE SERVICES.
Information Submitted Through the Online Services
Permitted Use and Restrictions
You agree that, absent our express prior written consent, you shall not duplicate, download, publish, modify, create derivative works, sell, rent, lease, loan, timeshare, distribute or otherwise exploit any portion of (or the use of) the Online Services except as specifically authorized herein. You also agree not to deep-link to the Site for any purpose, unless specifically authorized by us to do so. The content and software that are part of the Online Services are the property of 24 Hour Fitness or our licensors and are protected by U.S. and international copyright laws. You also agree that, in connection with our Online Services, you will not:
- violate or solicit the violation of any applicable local, state, national or international law;
- infringe the rights of any third party, including but not limited to intellectual property rights and privacy or publicity rights;
- post, transmit or otherwise make available through or in connection with any Online Service any materials that are or may be: (a) threatening, harassing, degrading, hateful or intimidating or otherwise fail to respect the rights and dignity of others; (b) defamatory, libelous, fraudulent or otherwise tortious; or (c) obscene, indecent, pornographic or otherwise objectionable;
- post, transmit or otherwise make available through or in connection with the Online Services any virus, worm, Trojan horse, Easter egg, time bomb, spyware or other computer code, file or program that is or is potentially harmful or invasive or intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment;
- harvest or collect information about users of the Online Services;
- restrict or inhibit any other person from using the Online Services;
- reverse engineer, decompile or disassemble any portion of the Online Services, except to the extent such restriction is expressly prohibited by applicable law;
- remove any copyright, trademark or other proprietary rights notice from the Online Services;
- frame or mirror any portion of the Online Services, or otherwise incorporate any portion of the Online Services into any product or service, without our express prior written consent;
- systematically download and store Online Services content; or
- interfere with or disrupt our Online Services or the servers or networks used to make the Online Services available; or violate any requirement, procedure or policy of such servers or networks.
Furthermore, you agree that you will not use any automated device or process, such as a “bot” or a “spider,” to copy or extract information or content from our Online Services, except, subject to compliance with any instructions posted in the robots.txt file located in the Site’s root directory, to use such information or content for purposes of listing our Online Services with a publicly available search engine or other publicly available service designed to direct users to the Site. We reserve the right to revoke such permission either generally or in specific cases, at any time and without notice.
You are responsible for obtaining, maintaining and paying for all hardware and all telecommunications and other services needed for you to use the Online Services.
Changes to the Online Services
24 Hour Fitness may, without notice or liability, change, suspend or discontinue any aspect of the Online Services at any time. 24 Hour Fitness may also, without notice or liability, impose limits on certain features and services of the Online Services, restrict your access to all or portions of the Online Services or charge, modify or waive any fees required to use any Online Service.
We may terminate the privileges of any user who engages in copyright infringement in connection with his or her use of the Online Services.
Representations by You
By accessing or using the Online Services, you represent, warrant and covenant that you are a resident of the United States and that all content, information, data, materials or other resources of any kind submitted to us through or in connection with the Online Services (each, a “Submission”) by you (each, “Your Submission”) are complete and accurate, do not violate any applicable law and do not plagiarize, violate or infringe upon the rights of any third party, including trade secret, copyright, trademark, trade dress, privacy, patent or other personal or proprietary rights.
We may (but have no obligation to) monitor, evaluate, or analyze Your Submissions and your access to or use of the Online Services. We may disclose Your Submissions, any information regarding Your Submissions, your access to and use of the Online Services, and the circumstances surrounding such Submissions, access or use, to anyone for any reason or purpose. We may also alter or remove Your Submissions.
You may need to register to use all or part of the Online Services. During the registration process you may be asked to select a unique user name, password or other information (“Access Credentials”) for access to certain portions of the Online Services. You are responsible for maintaining the confidentiality of your Access Credentials and account, and are fully responsible for all activities that occur using your Access Credentials. By logging into any Online Service, you represent and warrant that: (a) you are the customer who registered for the applicable Online Services; (b) that you are using the applicable Online Services only for permitted purposes; (c) you are not, or are not acting on behalf of, a competitor of 24 Hour Fitness; (d) you will immediately notify us of any unauthorized use of your Access Credentials or account or any other breach of security with respect to your Access Credentials or account; and (e) you will ensure that you exit from your account at the end of each session. Please notify firstname.lastname@example.org, with subject line “Web Account Misuse” of any potential unauthorized use(s) of your account or breach of security.
You also represent and warrant that: (i) you will not select or utilize a user name of another person with intent to impersonate that person; and (ii) you will not select or utilize a user name in which another person has rights, if you do not have that person’s authorization to use such name. We may reject, or require that you change, any Access Credential that you provide to us in registering.
License Granted by You
Certain Online Services functionality may provide users with the ability to submit Submissions. For purposes of clarity, you retain ownership of Your Submissions. You hereby grant to us a worldwide, royalty-free, fully paid-up, non-exclusive, perpetual, irrevocable, transferable and fully sublicensable (through multiple tiers) license, without additional consideration to you or any third party, to reproduce, distribute, perform and display (publicly or otherwise), create derivative works of, adapt, modify and otherwise use, analyze and exploit Your Submissions, in any format or media now known or hereafter developed, and for any purpose (including promotional purposes, such as testimonials). IF YOU CHOOSE TO MAKE ANY OF YOUR PERSONALLY IDENTIFIABLE OR OTHER INFORMATION PUBLICLY AVAILABLE THROUGH THE ONLINE SERVICES, YOU DO SO AT YOUR OWN RISK. You represent and warrant that you have all rights necessary to grant the licenses granted in this section. You further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding Your Submissions that you may have under any applicable law under any legal theory.
In addition, if you provide to us any ideas, proposals, suggestions or other materials (“Feedback”), whether related to the Online Services or otherwise, such Feedback will be deemed Your Submission, and you hereby acknowledge and agree that your provision of such Feedback is gratuitous, unsolicited and without restriction, and does not place us under any fiduciary or other obligation. Any communication or materials you send to us will be treated as non-confidential and non-proprietary and may be disseminated or used by us for any purpose, including, but not limited to, developing, creating, manufacturing or marketing products or services.
The Online Services may make available information, data, materials, services, products, merchandise, functionality or other resources (collectively, “Resources”), as well as references and links to such Resources. Resources may be made available by 24 Hour Fitness or by third parties, and may be made available for any purpose, including for general information purposes. We make no representations as to the accuracy, validity, timeliness, completeness, reliability, integrity, quality, legality, usefulness, appropriateness or safety of any Resources, or any intellectual property rights therein. Resources, and the availability of Resources, are subject to change at any time without notice. We disclaim all liability and responsibility arising from any reliance placed on any Resources by you or any other user of the Online Services, or by anyone who may be informed of the content of any Resources. It is your responsibility to ascertain and obey all applicable local, state, federal and foreign laws regarding the use, possession or acquisition of any Resources.
We may make available the ability to purchase or otherwise obtain certain products or services through the Online Services (a “Transaction”). If you desire to engage in a Transaction, you may be asked to supply certain relevant information, such as your payment card number and its expiration date, your billing address and your shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT TO USE ANY PAYMENT CARD OR PAYMENT SERVICE THAT YOU SUBMIT IN CONNECTION WITH A TRANSACTION. By submitting such information, you grant to us the right to provide such information to third parties for purposes of facilitating Transactions. Verification of information may be required prior to the acknowledgment or completion of any Transaction. By making a Transaction, you represent that the applicable products or services will be used only in a lawful manner.
24 Hour Fitness reserves the right, including without prior notice, to limit the available quantity of or discontinue making available any product or service available through the Online Services (each, a “Product”); to impose conditions on the honoring of any coupon, discount or similar promotion; to bar any user from making any Transaction; and to refuse to provide any user with any Product. We make no representations as to the accuracy, validity, timeliness, completeness or reliability of listings, descriptions or images of Products (including any features, specifications and prices contained therein), and such information and the availability of any Product (including the validity of any price, coupon or discount) is subject to change at any time without notice. Certain weights, measures and similar descriptions are approximate and are for convenience only. We make reasonable efforts to accurately display the attributes of Products, including the applicable colors, however the actual colors you see will depend on your device, software and settings, and we cannot guarantee that your device will accurately display such colors.
Without limiting the foregoing, 24 Hour Fitness reserves the right to revoke any offer and correct any errors, inaccuracies or omissions, including after an order has been submitted (whether or not the order has been confirmed and your credit card charged). If an order is cancelled after you have been charged, 24 Hour Fitness will issue a credit to your credit card account or bank account (for debit card transactions) in the amount of the charge (see your individual bank’s policies as to when this amount will be credited to your account). Refunds and exchanges will be subject to 24 Hour Fitness’s applicable refund and exchange policies. You agree to pay all charges incurred by you or on your behalf through the Online Services, at the prices in effect when such charges are incurred, including any shipping and handling charges. In addition, you are responsible for any taxes applicable to your Transactions. The receipt of an e-mail order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service.
If applicable, Products will be shipped to an address designated by you, so long as such address is complete and complies with the shipping restrictions made available through the Online Services. All Transactions with respect to physical Products are made pursuant to a shipment contract and, as a result, risk of loss and title for such Products pass to you upon delivery of such Products to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments.
24GO Subscription Services
24 Hour Fitness provides a free subscription service via its 24GO app. You must create a 24GO account by downloading, and then registering with, the 24GO App.
PUSH NOTIFICATIONS AND IN-APP ALERTS AND UPDATES
When you download one of our mobile apps, we may provide you with the option to opt-in to receive push notifications from us on your mobile device in connection with that mobile notification. These push notifications may include promotional communications regarding our products and services. You may, after downloading the applicable mobile application, opt out of receiving push notifications by adjusting the settings on your mobile device. Opting out of push notifications will not affect other communications you receive from us, such as email communications.
No Commercial Use
This Online Services may not be used by you for any commercial purposes such as to conduct sales of merchandise or services of any kind. You must obtain 24 Hour Fitness’s prior written consent to make commercial offers of any kind through the Online Services, whether by advertising, solicitations, links or any other form of communication. 24 Hour Fitness will investigate and take appropriate legal action against anyone who violates this provision, including without limitation, removing the offending communication from the Online Services and barring such violators from use of the Online Services.
Links and Search Results
The Online Services may make available access to Resources made available by third parties, including Submissions (“Third Party Resources”), or allow for the routing or transmission of such Third Party Resources, including via links to sites operated by third parties throughout the World Wide Web. By using such functionality, you are directing us to access, route and transmit to you the applicable Third Party Resources. 24 Hour Fitness has no control over, does not endorse, is not affiliated with and is not responsible for any Third Party Resources (and the availability of any Third Party Resources through the Online Services does not imply such control, endorsement, affiliation or responsibility), including the accuracy, validity, timeliness, completeness, reliability, integrity, quality, legality, usefulness or safety of Third Party Resources, or any intellectual property rights therein. Certain Third Party Resources may, among other things, be inaccurate, misleading or deceptive. 24 Hour Fitness does not make any guarantee, representation or warranty with respect to any Third Party Resources, including with respect to whether any Third Party Resources are accurate, legal and/or inoffensive, or whether they contain viruses or may otherwise impact your computer. By using the Online Services to search for or link to any Third Party Resources, you agree and understand that you may not make any claim against 24 Hour Fitness for any damages or losses whatsoever resulting from your use of the Online Services to obtain search results or to link to Third Party Resources. If you have a problem with a link from the Online Services, you may notify us at email@example.com, with the subject line “Broken Links.” We have no obligation to monitor Third Party Resources, and we may block or disable access to any Third Party Resources (in whole or part) through the Online Services at any time.
The trade names, trademarks, service marks and logos displayed through the Online Services are the property of 24 Hour Fitness USA, Inc. and/or other third parties. Except when referring to 24 Hour Fitness and/or its products and services, you may not use our trade names, trademarks, service marks or logos (including the marks listed below)—or any trade name, trademark, service mark or logo confusingly similar thereto. Nothing contained in the Online Services should be construed as granting any license or right to use any trade names, trademarks, service marks or logos without the express prior written consent of the applicable owner.
The following are registered and unregistered trademarks and/or service marks owned by 24 Hour Fitness USA, Inc. in the United States and other countries: 10TH DEGREE & Design, 24 FITNESS, 24 7 FITNESS, 247 FITNESS & Design, 24 H FITNESS, 24 HOUR FITNESS, 24 HOUR FITNESS & Design (Corporate Logo), 24 HOUR FITNESS & Design (All-in-One Logo), 24 HOUR FITNESS 24 7 FITNESS & Design, 24 HOUR FITNESS ACTIVE, 24 HOURF FITNESS DO MORE & Design, 24 HOUR FITNESS DO MORE WITH YOUR 24 & Design, 24 HOUR FITNESS EXPRESS, 24 HOUR FITNESS SPORT, 24 HOUR FITNESS ULTRA-SPORT, 24LIFE, 24 LIFE & Design, 24 MINUTE WORKOUT & Design, 24CYCLE, 24GO, 24 GO & Design, 24HOURFITNESS.COM, 24SEVEN & Loop Design, 24STORE, APEX, APEX (Stylized), APEX FITNESS, APEX FIT, APEX FIT 150 (Stylized), APEX FITNESS GROUP & Design, APEX MAX (Stylized), APEX MAX, BODYBUGG, BODYBUGGSP, DO MORE WITH YOUR 24, FIT LITE, FIT:PERKS, FIT:PERKS (Stylized), FIT4SOY, FITNESS 24 & Design, FITNESS DONE RIGHT, FITNESS MADE FUN AND EASY FOR EVERYONE, FUEL UP, GET IN GET OUT GET FIT, GET IN GET OUT GET FIT (Stylized), GROUP X, GX24, GX 24 & Design, HOOPS24, MY24, PITCH24, SHOP24, STORE24, THE LOOP, WE ARE 24, WE ARE 24 & Design, YOU24, YOU24 (Stylized) and YOU24 THE POWER OF WHAT YOU CAN BE. The foregoing is a non-exhaustive list of those registered and unregistered trademarks or service marks in which 24 Hour Fitness claims rights, and 24 Hour Fitness reserves the right to amend this list, as necessary and appropriate. The omission of any registered and/or unregistered trademark or service mark from the foregoing list shall not constitute a waiver of any intellectual property rights owned by 24 Hour Fitness, and 24 Hour Fitness expressly reserves all such rights.
Copyright Infringement Claims
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available through the Online Services infringe your copyright, you (or your agent) may send to 24 Hour Fitness a written notice by mail, e-mail or fax, requesting that 24 Hour Fitness remove such material or block access to it. If you believe in good faith that someone has wrongly submitted to us a notice of copyright infringement involving content that you made available through the Online Services, the DMCA permits you to send to 24 Hour Fitness a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA (see www.copyright.gov for details), which, with respect to notices of alleged infringement, currently include, among other requirements, the following:
- A description of the copyrighted work that you allege is being infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
- A description of the allegedly infringing material and information sufficient to permit us to locate the material;
- Information reasonably sufficient to permit us to contact you, such as an address, telephone number and, if available, an electronic mail address;
- A statement by you that you have 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; and
- A statement by you that the information in the notification is accurate and that you have the authority to enforce the copyrights that are claimed to be infringed.
Notices and counter-notices must be sent in writing to our DMCA agent as follows:
NAME: K. Griffin, 24 Hour Fitness DMCA Agent
ADDRESS: 12647 Alcosta Blvd, 5th Floor, San Ramon, CA 94583
You can also reach our DMCA agent at the following phone number: (925) 543-3100.
We suggest that you consult your legal advisor before filing a DMCA notice or counter-notice. You may have equivalent rights under other applicable laws.
DISCLAIMER OF WARRANTIES
Third parties may make unauthorized alterations to the Online Services. If you become aware of any such alteration, contact us at firstname.lastname@example.org with a description of such alteration and its location on the Online Services.
LIMITATION OF LIABILITY
Arbitration of Disputes
The Online Services are controlled or operated (or both) from the United States, and are not intended to subject 24 Hour Fitness to any non-U.S. jurisdiction or law. By choosing to access the Online Services from any location other than the United States, you accept full responsibility for compliance with all laws that are applicable. 24 Hour Fitness makes no representation that materials available through the Online Services are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. We may limit the availability of the Online Services at any time, in whole or in part, to any person, geographic area or jurisdiction that we choose.
You may not use, export or re-export any materials from this Online Services in violation of any applicable laws or regulations, including, but not limited to, any United States export laws and regulations, and you represent, warrant and covenant that you are not (a) located in, or a resident or a national of, any country subject to a U.S. government embargo or other restriction, or that has been designated by the U.S. government as a “terrorist supporting” country; or (b) on any of the U.S. government lists of restricted end users.
Contact Information; Notices
Our Online Services are offered by 24 Hour Fitness, located at PO Box 2409, Carlsbad, CA 92018, and you can call us at (800) 432-6348 if you have any questions or complaints about the Online Services. If you are a California resident, you may have this same information emailed to you by sending a letter to the foregoing address with your email address and a request for this information. Please note that e-mail communications will not necessarily be secure; accordingly you should not include credit card information or other sensitive information in your e-mail correspondence with us. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.