Terms and Conditions of use
This Agreement contains the terms and conditions that govern the use and services on the Open Gym website (“Site”). Please read the following terms carefully before using the Site or any of the services offered on the Site. BY ACCESSING OR USING ANY PART OF THIS SITE OR ANY OF OPEN GYM PROGRAMS OR CONTENTS (“SERVICES”), YOU AGREE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, PLEASE DO NOT ACCESS ANY PART OF THIS SITE OR USE ANY OF THE SERVICES.
Changes to the Terms
As Open Gym continues to evolve its programs and operation, it may become necessary for it to change the terms of this Agreement. If a change is made to the Agreement, we will post the revised terms on the Site and they will become effective upon posting. Your continued access to the Site or use of the Services constitutes your full acceptance of the revised terms and agreement to be bound by them. We urge you to review the terms periodically when accessing the Site or using Services.
Accessing the Site
To access the Site or use the Services, you may need to provide certain subscription information. We ask that you provide correct, current, and complete information. Providing incorrect, outdated, or incomplete information is a ground for termination or suspension of your access of the Site and Services.
Open Gym provides the contents on this Site on an “as is” basis. We disclaim all representations and warranties, express or implied of any kind with respect to the Site and Services, including warranties of merchantability, fitness for a particular purpose, and non-infringement of intellectual property and proprietary rights. We are not representing or warranting as to the availability, accuracy, completeness, functionality, reliability, timeliness, or delivery of the Site or any part of the information contained in this Site. We do not assume any responsibility to update or correct the Site even if information is not accurate or is outdated. We do not represent that your access to the Site will be free from interruptions, errors, computer viruses, or other harmful components. Your use of the Site and the Services offered here are subject to federal law and the law of the state of California. You affirm that you are either more than 18 years of age, or an emancipated minor of 13 years of age or over who possesses parental or legal guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties in this Agreement, and to abide by and comply with the terms of this Agreement. In any case, you affirm that you are over the age of 13, as THE SITE IS NOT INTENDED FOR CHILDREN UNDER 13.
Subscription Account and Passwords
To access the Services on the Site, you will be asked to open an account which may require providing a user name and password. You agree that we may store and use such subscription information, including your user name and password, you provide for use in maintaining your account. You are entirely responsible for maintaining the confidentiality and security of your password and account. You may not use the account, username, or password of someone else at any time. You agree to notify Open Gym immediately of any unauthorized use of your account, user name, or password. Open Gym shall not be liable for any loss incurred or harm suffered as a result of someone else using your account, user name, or password. You may be held liable for any losses incurred by Open Gym, its officers, directors, employees, consultants, staff, agents, and representatives due to someone else’s use of your account, user name, or password. Open Gym reserves the right to refuse subscription request or cancel an existing subscription, in its sole discretion. You may not sell or transfer your account, or otherwise allow any third party to use your account for any purpose.
Disclaimer re: Health and Fitness
Open Gym, this Site, and the Services here do not provide medical or health care services or advice. We are not a substitute for professional medical examination, diagnosis, treatment, or advice. The content of this Site may contain general information relating to certain physical conditions and known treatments. Such information is provided for informational purposes only and is not intended to replace or substitute for advice provided by a licensed and trained health care provider. You should not use the information provided on this Site for diagnosing a health problem or disease. Prior to participating in any program, training, exercise, or use of any program, exercise, or product on this Site, or if you have any questions regarding a medical condition, contact your doctor or other qualified health-care professionals.
Adoption or reliance on the workout, advice, ideas, and suggestions of any person associated with Open Gym or this Site is at your sole discretion and risk. If you believe you may experience a medical emergency, call your doctor or 911 immediately. Reliance on any information provided by Open Gym, its employees or staff, others appearing on the Site at the invitation of Open Gym, or other visitors to the Site is solely at your own risk.
You acknowledge and agree that all content on our Site is protected by copyrights, trademarks, service marks, patents, trade secrets, and/or other proprietary rights that belong to Open Gym and its licensors. You may not copy, change, reproduce, publish, or otherwise exploit any such content for any purposes, by any means or in any media. Use of any Service or content for any purpose not expressly permitted in these terms is prohibited.
“Open Gym Marks” refer to all names, marks, logos, designs, trade dress, and other designations that belong to Open Gym, including, without limitation, OPEN GYM. You acknowledge the rights of Open Gym in the Open Gym Marks and agree that any and all use of the Open Gym Marks shall inure to the sole benefit of Open Gym. You agree not to incorporate any Open Gym Marks into your marks, names, logos, domain names, links, other designations, or contents.
Third Party Sites
Our Site provides links to certain third-party websites for your consideration. These third-party sites are not owned or controlled by Open Gym. We do not warrant or guarantee the availability, completeness, correctness, usefulness, timeliness, or reliability of, or the results of your use of or reliance upon, any information or material contained in such third-party sites. Nor do we sponsor, endorse, approve, or recommend such third-party site, or any information, material, views, opinions, products, or services posted, offered, or advertised on such third-party site. You acknowledge that you access and use such third-party sites solely at your own risk. You agree that under no circumstances will we be liable in any way for any information or material contained in any third-party sites linked to or from our Site. We are not responsible for any errors or omissions associated with such third-party sites, or for any loss or damage of any kind incurred as a result of your use of or reliance upon any information or material contained in such third-party sites.
Reporting Violations of Intellectual Property Rights
If you own intellectual property and believe that any of the content on this Site infringes upon your intellectual property right, pursuant to the Digital Millennium Copyright Act (DMCA), you may submit a notification by providing us with the following information:
(a) information on the protected intellectual property claimed to have been infringed;
(b) identification and location of the alleged infringing material that you request to have removed and information sufficient to enable Open Gym to locate such material;
(c) your current email address so we can reach you;
(d) your statement, made under penalty of perjury that you have a good faith belief that use of the material in the manner complained of is not authorized by intellectual property right owner; and
(e) your statement, made under penalty of perjury, that the information in the notification is accurate, and that you are authorized to act on behalf of the intellectual property right owner of the right that is allegedly infringed.
You acknowledge and agree that if you fail to comply with the procedures provided in this subsection for reporting a claimed copyright infringement, your notice may not be valid under the DMCA.
In an effort to protect the rights of intellectual property owners, we maintain a policy for the termination, in appropriate circumstances, of user accounts of this Site who infringe intellectual property rights of others.
NO WARRANTIES; INDEMNIFICATION. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE, THE SERVICES, AND THE CONTENTS ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. OPEN GYM PROVIDES THE SITE AND THE SERVICES ON A COMMERCIALLY REASONABLE BASIS AND OPEN GYM MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SITE, THE SERVICES, THE CONTENTS OR ANY SERVICES OFFERED IN CONNECTION WITH THE SITE ARE OR SHALL REMAIN UNINTERRUPTED OR ERROR-FREE, THE CONTENT SHALL BE NON-INFRINGING ON ANY THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS, THAT DEFECTS SHALL BE CORRECTED, THAT THE WEB PAGES ON THE SITE, THE CONTENTS, THE SERVICES, ANY ELECTRONIC COMMUNICATION OR THE SERVERS USED IN CONNECTION WITH THE SITE ARE OR SHALL REMAIN FREE FROM ANY VIRUSES, WORMS, TIME BOMBS, DROP DEAD DEVICES, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS, OR THAT ANY PERSON USING THE SITE WILL BE THE PERSON THAT HE OR SHE REPRESENTS HIMSELF OR HERSELF TO BE. OPEN GYM DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SITE AND/OR THE SERVICES AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT OPEN GYM SHALL HAVE ADEQUATE CAPACITY FOR THE SITE AND/OR THE SERVICES AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA.
You agree to defend, indemnify, and hold Open Gym and its affiliates, subsidiaries, owners, directors, officers, employees, and agents harmless from and against any and all claims, demands, suits, proceedings, liabilities, judgments, losses, damages, expenses and costs (including without limitation reasonable attorneys’ fees) assessed or incurred by Open Gym, directly or indirectly, with respect to or arising out of: (i) your failure to comply with this Agreement; (ii) your breach of your obligations under this Agreement; (iii) your use of the rights granted hereunder, including without limitation any claims made by any third parties; and/or (iv) your violation of any third party right, including without limitation any copyright, property, or privacy right.
Limitation of Liability
OPEN GYM’S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE USE OF THE SITE, THE SERVICES, THE CONTENTS, AND/OR ANY SERVICE PROVIDED IN CONNECTION WITH THE SITE SHALL BE THE CANCELLATION OF YOUR USER ACCOUNT WITH OPEN GYM. IN NO EVENT WILL OPEN GYM BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE SITE AND/OR ANY SERVICE PROVIDED IN CONNECTION WITH THE SITE, THE SERVICES AND/OR ANY SERVICE PROVIDED IN CONNECTION WITH THE SITE, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SITE, THE SERVICES, THE CONTENT, AND/OR ANY SERVICE PROVIDED IN CONNECTION WITH THE SITE, INCLUDING, BUT NOT LIMITED TO, (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, THE SERVICES, THE CONTENTS, AND/OR ANY SERVICE PROVIDED IN CONNECTION WITH THE SITE, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR COMPUTER SERVERS AND/OR ANY AND ALL PERSONALLY IDENTIFIABLE INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, THE SERVICES, THE CONTENTS, AND/OR ANY SERVICE PROVIDED IN CONNECTION WITH THE SITE, AND/OR (E) ANY VIRUSES, WORMS, TIME BOMBS, DROP DEAD DEVICES, TROJAN HORSES OR OTHER HARMFUL COMPONENTS THAT MAY BE TRANSMITTED TO OR THROUGH THE SITE, THE SERVICES, THE CONTENTS AND/OR ANY SERVICE PROVIDED IN CONNECTION WITH THE SITE BY ANY THIRD PARTY OR FOR ANY LOSS OR DAMAGE OF ANY KIND. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS OPEN GYM’S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
This Agreement is governed by the internal and substantive laws of the State of California without respect to its conflict of laws principles.
This Site is controlled and operated by Open Gym from its offices within the State of California, United States of America. Open Gym makes no representation that materials on or linked to from this Site are appropriate or available for use in other locations. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
In the event of a dispute regarding our Site or Services, you may have a right to an initial non-binding arbitration of such dispute pursuant to applicable law. If you elect to exercise such right, you and we shall engage in such non-binding arbitration to seek to resolve such dispute. Any dispute regarding our services, including but not limited to any claim in any way arising from or related to our Site or Services shall only be raised and resolved by binding arbitration before a single retired California judge or justice pursuant to the rules of Judicial Arbitration and Mediation Services, Inc. THIS BINDING ARBITRATION PROVISION CONSTITUTES A MANDATORY ALTERNATIVE DISPUTE RESOLUTION PROCESS, IS IN LIEU OF TRADITIONAL COURT PROCEEDINGS, IS WITHOUT A RIGHT TO A JURY, AND ALL DIFFERING COURT PROCEEDING RIGHTS INCLUDING WITHOUT LIMITATION TO A JURY ARE ACCORDINGLY WAIVED. YOU UNDERSTAND THAT ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.
YOU AND OPEN GYM AGREE THAT ANY ARBITRATION SHALL BE LIMITED TO THE CLAIM BETWEEN OPEN GYM AND YOU INDIVIDUALLY. TO THE FULL EXTENT PERMITTED BY LAW: (1) NO ARBITRATION SHALL BE JOINED WITH ANY OTHER; (2) THERE IS NO RIGHT OR AUTHORITY FOR ANY CLAIM TO BE ARBITRATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; AND (3) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC OR ANY OTHER PERSONS.
Termination of Services
We may terminate your subscription or right to access portions of the Site at any time, without notice, for conduct that we believe violates any of the terms here and/or is harmful to other users of the Site, to Open Gym, to the business of the Site’s internet service provider, or to other information providers.
Severability / Waiver
If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. The section headings used herein are for convenience only and shall not affect the interpretation of this Agreement.
Our failure to exercise any right or remedy available upon your breach of this Agreement or the failure by us to demand the prompt performance of any obligation hereunder, shall not be deemed a waiver of (a) our rights or remedies, (b) the requirement of punctual performance or (c) any right or remedy in connection with a subsequent breach or default on your party. No waiver of any of this Agreement shall be deemed a further or continuing waiver of such terms and condition or any other term or condition.
If you have any questions about this Agreement, please contact email@example.com.
Types of Information We Collect
We have the ability to collect information by which you can be identified, such as your name, email address, etc. (“Personally Identifiable Information”). We do not collect any Personally Identifiable Information unless you voluntarily provide it to us. We may collect such information only when you elect to use certain products or services available on the Site or share your information with us by registering or activating an account on our Site, sharing such information via phone, email, or other form of communications, entering a sweepstakes or contest sponsored by us or one of our partners, submitting your credit card or other payment information when ordering and purchasing products and services on our Site.
We also compile and maintain anonymous data such as your internet protocol address (i.e., a number that is assigned to your computer whenever you connect to the internet), your domain name (e.g., “xyz.com”) and user statistics (e.g., 45% of our users are female) (“Aggregate Data”).
What We Do With the Information
We collect Personally Identifiable Information to verify your identity, customize the content and/or layout of our site, improve the quality of the pages that make up our site for you, answer any questions and process any comments you may have, and provide you with information you request. From time to time, we may share such information for internal business purposes with our consultants and with our affiliated companies. We may also disclose your Personally Identifiable Information when required by law or court order.
Whether or not you provide such information is entirely your own choice. You are not obligated to answer any question that is presented to you. Of course, if you choose not to provide the information, you might be unable to access certain information, services, offers, and content on our site. For example, we cannot provide you with a response to any question you may have if you do not tell us your email address, etc.
We collect Aggregate Information and use it to help diagnose problems with our servers and to administer our site. We may share Aggregate Information with third parties for advertising and promotional purposes.
We may transfer your Personally Identifiable Information and/or Aggregate Information as part of the assets of Open Gym if we, or parts of our business, are sold to, merged with, or acquired by, a third party.
Reviewing, Editing, Updating, Correcting, and Deleting Information About You
If you wish to review, edit, update, correct, or delete Personally Identifiable Information that you have provided to us, please email us at firstname.lastname@example.org and make your request and provide any necessary information.
If you have provided Personally Identifiable Information but later object to the use that we are making of that information you can ask us to stop making use of that information by emailing us at email@example.com.
We take special care to protect the safety and privacy of children. We do not collect or solicit Personally Identifiable Information about users under age 13. In fact, this Site is not intended or designed to attract children under the age of 13. If you are under the age of 13, you may not use the Site.
You must be 18 years of age or over, or the legal age to form a binding contract in your jurisdiction if that age is greater than 18 years of age, to subscribe to Open Gym work out program, service, or portion of this Site which requires such subscription.
If you are a minor between the ages of 13 and 18 (or the applicable legal age in your jurisdiction), you can use such functions or services only in conjunction with, and under the supervision of, your parent or legal guardian who has agreed to the Terms and Conditions of Use of the Site. If you are a parent or legal guardian agreeing to the Terms and Conditions of Use for the benefit of a minor between the ages of 13 and 18 (or the applicable legal age in your jurisdiction), you are fully responsible for his or her use of the Site and contents therein, including all legal liability he or she may incur. By using this Site and any services provided therein, you represent and warrant that you have the right, authority, and capacity to read, understand, enter into, and abide by all of the Terms and Conditions of Use set forth in the Site.
In an effort to ensure security and protection of your Personally Identifiable Information, we encrypt all submissions using SSL software. All Personally Identifiable Information including name and address is encrypted in an effort to prevent such information from being improperly used as transmitted over the internet.
Protecting the security of your personal information that you share with us is of the utmost importance to us. Unfortunately, no data transmission over the internet or data storage can be guaranteed to be 100% secure. As a result, while we strive to protect your Personally Identifiable Information, we cannot guarantee or warrant that any information you transmit to or from our site will not be accessed by an unauthorized person. As a result, you transmit your Personally Identifiable Information at your own risk. We will notify you upon a breach of security of Personally Identifiable Information by emailing you to alert you of such breach.
Links to Third Party Sites
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