GENERAL: Health Club Management Systems ("Health
Club Management Systems,
Inc") is an interactive online
health club management software company (the "Services") on the World Wide
Web of the Internet (address: http://www.healthclubmanagementsystems.com)
privately owned and
operated by Health Club Management Systems Corporate.
The Service offers users (defined herein) access to information, software,
and other technology owned and licensed by Health Club Management
Systems and various third
parties, and services offered by Health Club Management Systems. User as described above
is any person who establishes an authorized account ("Account")
for access to and use of the Service. The right to use the Service
is personal to the user or company and a User’s Account is not transferable.
Unless authorized by Health Club Management Systems, a user may not be an individual
who is under the age of sixteen and may be a partnership, firm,
or other similarly described business institution. Health Club
Management Systems provides
its service to you, subject to the following Terms and Conditions
of Use. By registering as a user and using the Service, you hereby
accept and agree to comply with this Agreement. Except as expressly
permitted by Health Club Management Systems in this Agreement, no portion of the Service
(including and information, content, or software other than the software
used solely in connection with User’s Account) may be downloaded,
redistributed, reproduced, retransmitted, re-published, resold or
otherwise commercially exploited by any Health Club Management
Systems user.
DESCRIPTION OF SERVICE:
Health Club Management Systems offers unique and exclusive services and content. Any new features
that enhance the Service, including the release of new products and
services shall also be subject to this Agreement. You fully understand
and agree that the Service is provided "AS-IS" and
Health Club Management Systems assumes no responsibility for the timeliness, deletion,
miss-delivery
or failure to store any user communication personalized settings.
DISCLAIMERS AND LIMITATION OF LIABILITY:
THE USER AGREES THAT THE USE OF THE SERVICE,
AND ANY SOFTWARE OBTAINED THROUGH OR IN CONNECTION WITH THE SERVICE
AND SITE IS AT THE USER’S SOLE RISK. NEITHER HEALTH CLUB MANAGEMENT
SYSTEMS, ITS CONTENT
PROVIDERS NOR ANY OF THEIR RESPECTIVE EMPLOYEES, INDEPENDENT CONTRACTORS,
AGENTS, LICENSORS WARRANT THAT THE SERVICE WILL ALWAYS BE UNINTERRUPTED
OR ERROR FREE OR THAT SOFTWARE WILL BE ERROR-FREE; NOR DOES
HEALTH CLUB MANAGEMENT SYSTEMS OR ANY OF THE FOREGOING PERSONS MAKE ANY WARRANTY AS TO THE
ACCURACY OR RELIABILITY OF ANY CONTENT OR INFORMATION, SOFTWARE, SERVICES
OR PRODUCTS PROVIDED THROUGH THE SERVICE OR THE RESULTS TO BE OBTAINED
FROM USE OF THE SERVICE.
HEALTH CLUB MANAGEMENT SYSTEMS MAKES NO WARRANTY
THAT (A) THE SERVICE WILL MEET YOUR REQUIREMENTS; (B) THE RESULTS
THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE
OR RELIABLE; (C) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION,
OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THIS SERVICE
WILL MEET YOUR EXPECTATIONS; (D) THIS WEB SITE, ITS CONTENT, AND THE
DEDICATED SERVER ON WHICH THE WEB SITE AND CONTENT ARE AVAILABLE ARE
FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
THIS SERVICE IS PROVIDED
ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT
WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT
LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE; AND HEALTH CLUB MANAGEMENT SYSTEMS HEREBY EXPRESSLY DISCLAIMS, ON ITS OWN
BEHALF AND ON BEHALF OF ITS CONTENT PROVIDERS SUCH OTHER PERSONS,
ALL WARRANTIES OF ANY KIND, OTHER THAN THOSE WHICH ARE IMPLIED BY
AND INCAPABLE OF EXCLUSIONS, RESTRICTION OR MODIFICATION UNDER THE
LAWS APPLICABLE TO THIS AGREEMENT.
THIS WEB SITE MAY CONTAIN
VARIOUS COMBINATIONS OF TEXT, IMAGES, AUDIOVISUAL PRODUCTIONS, OPINIONS,
STATEMENTS, FACTS, ARTICLES, OR OTHER INFORMATION CREATED AND PROVIDED
BY HEALTH CLUB MANAGEMENT SYSTEMS OR BY THIRD PARTIES. DUE TO THE
NUMBER OR SOURCES FROM WHICH THE CONTENT IN AND ON THIS WEBSITE IS
OBTAINED, AND THE INHERENT HAZARDS OF ELECTRONIC DISTRIBUTION, THERE
MAY BE DELAYS, OMISSIONS OR INACCURACIES IN SUCH CONTENT. ACCORDINGLY,
SUCH CONTENT IS FOR YOUR REFERENCE ONLY AND SHOULD NOT BE RELIED UPON
BY YOUR FOR ANY PURPOSE.
INFORMATION CREATED BY THIRD
PARTIES THAT YOU MAY ACCESS ON THE SITE OR THROUGH LINKS IS NEITHER
ADOPTED NOR ENDORSED BY HEALTH CLUB MANAGEMENT SYSTEMS AND REMAINS THE RESPONSIBILITY OF
SUCH THIRD PARTIES.
THE USERS’ SOLE REMEDY FOR
ANY DAMAGES CAUSED OR ALLEGEDLY CAUSED BY ANY FAILURE OF PERFORMANCE,
ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY OPERATION OR TRANSMISSION,
OR OTHER CAUSE, SHALL BE TO TERMINATE THE USER’S ACCOUNT. YOU EXPRESSLY
UNDERSTAND AND AGREE THAT NEITHER HEALTH CLUB MANAGEMENT SYSTEMS SHALL
BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL
OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS
OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF
HEALTH CLUB MANAGEMENT SYSTEMS HAS BEEN INFORMED OF THE POSSIBILITY OF
SUCH DAMAGES), RESULTING FROM: (A) THE USE OR THE INABILITY TO USE
THE SERVICE; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES
RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED
OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH
OR FROM THE SERVICE; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR
TRANSMISSIONS OR DATA; (D) STATEMENTS OR CONDUCT OF ANY THIRD PARTY
ON THE SERVICE (E) ANY OTHER MATTER RELATING TO THIS SERVICE.
SOME STATES DO NOT AND WILL NOT ALLOW THE EXCLUSION
OF IMPLIED WARRANTIES OR THE EXCLUSION OF LIABILITY FOR INCIDENTAL
OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO
ALL USERS.
INDEMNIFICATION:
You agree to defend, indemnify and hold harmless Health Club
Management Systems, its affiliates
and Content Providers and their respective directors, officers, employees
and agents from and against all claims and expenses, including reasonable
attorneys’ fees, arising out of the User’s use of the Service or the
User’s Account.
SERVICE CONTENT:
Health Club Management Systems contains copyrighted material, and the entire contents
of the Service are copyrighted as a collective work under the United
States copyright laws. Except as expressly permitted by this Agreement,
the User may not copy, reproduce, re-publish, retransmit or redistributed
copyrighted materials, in whole or in part, in any manner, with the
express written permission of the copyright owner. The User may download
or make a single copy of copyrighted materials solely for the User’s
own personal use, provided the User preserves any copyright or other
notices contained in or associated with them. Health Club Management
Systems shall not
be responsible for any opinions, views, advice or statements posted
on the Service (including, without limitation, in any public posting
areas of the Service) by any person or entity other than an authorized
Health Club Management Systems spokesperson. Content Providers, Users,
Guests, Service Advertisers, independent writers and experts are not
authorized Health Club Management Systems spokespersons. At no point should
the opinions, views, advice or statements provided by Content Providers,
Users, Guests, Service Advertisers, independent writers and experts
be relied upon for important personal decisions without independent
verification.
LINKS: Health Club Management Systems
may provide, or third parties may provide, links to other
World Wide Web sites or resources. Because Health Club Management
Systems
has no control
over such sites and resources, you acknowledge and agree that Health
Club Management Systems
is not responsible for the availability of such external sites
or resources, and does not endorse and is not responsible or liable
for any content, accuracy, quality, advertising, products, or other
materials on or available from such sites or resources. You further
acknowledge and agree that Health Club Management Systems
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 use of or reliance on any such
content, goods or services available on or through any such site or
resource.
TERMINATION:
Either Health Club Management Systems
or the User may eliminate/terminate this Agreement
and the User’s Account at any time, with or without cause. In the
event the User is dissatisfied with the Service for any reason, their
only available remedy is to terminate their Account by contacting
Health Club Management Systems
pursuant to this Agreement. Health Club Management
Systems
may suspend,
discontinue or halt a User’s account without notice, in the event
of any breach by the User of this Agreement or for other conduct by
the User which Health Club Management Systems
, in its sole discretion, considers to
be unacceptable. Discontinuation or suspension of a User’s Account
means that the service will no longer be accessible to the User.
Health Club Management Systems
shall not be held responsible for any consequences of such lack of
access. The provisions of this Agreement will survive the termination
of the Agreement or the User’s Account whether by the User or
PRIVACY:
Health Club Management Systems
will not otherwise use or disclose your personal
or company information
without your consent except (a) as described in the privacy policy
that may be accessed here; or (b) as required by law, court order
or as requested by other government or law enforcement authority.
The privacy policy does not protect information you post to any on-line
bulletin board, chat room, newsgroup or other public forum made available
on our Web sites.
RESTRICTIONS:
You may not use Health Club Management Systems
sites or their content for any illegal
purpose or in any manner inconsistent with these Terms. You agree
to use Health Club Management Systems sites solely for your own noncommercial use and
benefit and not for resale or other transfer or
disposition to any other person or entity
ENTIRE AGREEMENT:
This Agreement and any other terms and conditions of service constitute
the entire agreement between you the User and Health Club Management
Systems
and fully
govern your use of the Service.
CHOICE OF LAW AND FORUM:
This Agreement will be governed by Massachusetts law. Any dispute arising
out of the terms of this Agreement or otherwise will be governed by
Massachusetts and you agree to personal jurisdiction in the state and federal
courts sitting in Boston, Massachusetts. The parties hereby expressly waive
trial by jury in any action proceeding or counterclaim brought by
either of the parties against the other on any matters whatsoever
arising out of and any way connected with these Terms and agree to
submit to binding arbitration.
