This Terms of Service (the "Terms") is a legally binding agreement made by and between Latitude Sports Clubs, on behalf of itself or its affiliates, ("we" or "us") and you, personally and, if applicable, on behalf of the entity for whom you are using this website (collectively, "you"). These Terms govern your use of the websites owned or operated by us (individually and collectively, "Website") and the services we offer on the Website ("Services"), so please read it carefully.
BY ACCESSING OR USING ANY PART OF THE WEBSITE, YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO BE SO BOUND, DO NOT ACCESS OR USE THE WEBSITE.
INTERNET TECHNOLOGY AND THE APPLICABLE LAWS, RULES, AND REGULATIONS CHANGE FREQUENTLY. ACCORDINGLY, WE RESERVE THE RIGHT TO MAKE CHANGES TO THESE TERMS AT ANY TIME. YOUR CONTINUED USE OF THE WEBSITE CONSTITUTES ASSENT TO ANY NEW OR MODIFIED PROVISION OF THESE TERMS THAT MAY BE POSTED ON THE WEBSITE.
Using The Website
- Eligibility. Except as expressly provided below, the Website may only be used by individuals and entities who can form legally binding contracts under applicable law. No person under the age of 18 may use the Website without the supervision of a parent or legal guardian. Your use of the Website will be deemed to be a representation that you are 18 years of age or older or using the Website with the permission of your parent or guardian.
- Prohibited Conduct. In your use of the Website, you may not: (i) infringe any patent, trademark, trade secret, copyright, right of publicity or other right of any party, or submit content that is harassing, obscene, threatening, defamatory, or otherwise inappropriate; (ii) disrupt or interfere with the security or use of the Website or any web sites linked to the Website; (iii) interfere with or damage the Website, including, without limitation, through the use of viruses, phishing, cancel bots, Trojan horses, harmful code, flood pings, denial of service attacks, packet or IP spoofing, forged routing or electronic mail address information, or similar methods or technology; (iv) impersonate another person or entity, misrepresent your affiliation with a person or entity, including (without limitation) us, or use a false identity; (v) attempt to obtain unauthorized access to the Website; (vi) engage, directly or indirectly, in transmission of "spam," chain letters, junk mail or any other type of unsolicited solicitation; (vii) collect or use (for commercial purposes) information about other users or the Website without their or our express written consent; (viii) submit false or misleading information to us; (ix) violate any law, rule, or regulation; (x) engage in any activity that interferes with any third party's ability to use or enjoy the Website; or (xi) assist or encourage any third party in engaging in any activity prohibited by these Terms.
Password and Account Security
- Registration. You may create your own account on the Website by completing the online registration process on the Website, and must do so if you would like to access your membership account online. In doing so, you must provide us with accurate and complete registration information, and update it if this information changes. It is particularly important to keep the e-mail address associated with your account current because although you may be able to log into your Website account using an old e-mail address, you will not be able to receive messages from us.
- Accounts and Passwords. Following registration, we will create an account for you and assign you, or allow you to select, a password. You must keep your password confidential. You will be responsible for all use of your password, including, without limitation, any use by any unauthorized third party. You must notify us immediately if you believe your password may be used by any unauthorized person or entity. For security purposes, we recommend you change your password often. Under no circumstance should you respond to a request for your password. Our employees will never ask for your password. You must notify us immediately if you receive such a request. We reserve the right to suspend or terminate your use of the Website if we believe that your password is being used without permission or otherwise in a manner that may disrupt the Website.
Accuracy of Information
We attempt to ensure that the information on the Website is complete and accurate; however, this information may contain typographical errors, pricing errors, and other errors or inaccuracies. We assume no responsibility for such errors and omissions, and reserve the right to: (i) revoke any offer stated on the Website; (ii) correct any errors, inaccuracies or omissions; and (iii) make changes to prices, content, promotions, product descriptions or specifications, or other information on the Website.
All club memberships offered through the Website, whether for purchase or granted on a trial basis, are subject to your agreement to the applicable membership agreement and the terms and conditions of membership, which you must agree to and sign prior to being permitted to use the club. Your membership and use of the clubs is also subject to all of our rules and regulations.
We employ measures designed to ensure the security of the Website, but, as provided below, make no guarantees in this regard.
Intellectual Property Rights
- Copyright. All materials on the Website, including without limitation, the logos, design, text, graphics, other files, and the selection and arrangement thereof are either owned by us or are the property of our suppliers or licensors. You may not use such materials without permission. © 2018 Latitude Sports Clubs. ALL RIGHTS RESERVED.
- Trademarks. Latitude Sports Clubs, the related design marks, and other trademarks on the Website are owned by us. Page headers, custom graphics, button icons and scripts are trademarks or trade dress we own. You may not use any of these trademarks, trade dress, or trade names without our express written permission.
- Nothing contained on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the intellectual property displayed or used on this Website without the written permission of Latitude Sports Clubs. Reproduction, distribution, republication and retransmission of material contained within the Website is prohibited unless the prior written permission has been obtained from us.
Intellectual Property Policy
Latitude Sports Clubs respects the intellectual property rights of others and expects its users to do the same. Latitude Sports Clubs may remove content that it believes, in its sole discretion, may infringe the intellectual property rights of others. In addition, Latitude Sports Clubswill terminate the accounts of users who repeatedly infringe the intellectual property rights of others.
If you believe that a user of the Website or the Services (as such terms are defined in the Terms of Service) has infringed your intellectual property rights, please notify Latitude Sports Clubs Intellectual Property Agent, and provide the following information:
- A physical or electronic signature of the person authorized to act on behalf of the owner of the intellectual property right.
- An identification of the intellectual property claimed to have been infringed, including copies of registration certificates, if available.
- A detailed description of the material that you claim is infringing, so that we may locate it, including the URL where the infringing material appears.
- Your address, telephone number, and email address.
- A statement, made under penalty of perjury, by you that the above information is accurate and that you are authorized to act on behalf of the owner of the intellectual property rights involved.
Latitude Sports Clubs' Intellectual Property Agent can be reached as follows:
Latitude Sports Clubs
191 Elm St.
Linking and Framing
You may not deep link to portions of the Website, or frame, inline link, or similarly display any of our property, including, without limitation, the Website. You may not use any of our logos or other trademarks as part of a link without express written permission.
Members Right to Cancel
You, the buyer, may cancel this Agreement at any time prior to midnight of the third business day of the Home Club after the date of this agreement, excluding Sundays and holidays. To cancel this agreement, mail or deliver a signed and dated notice or send a telegram which states that you, the buyer are canceling this agreement, or words of similar effect. Such notice shall be delivered or sent to the home club at the address set forth above, Attention: Membership Manager.
You agree to hold us and our employees, representatives, agents, attorneys, affiliates, directors, officers, managers and shareholders (the "Indemnified Parties") harmless from any damage, loss, cost or expense (including without limitation, attorneys' fees and costs) incurred in connection with any third-party claim, demand or action ("Claim") brought or asserted against any of the Indemnified Parties arising from, related to, or connected with your use of the Website or your violation of these Terms. If you are obligated to provide indemnification pursuant to this provision, we may, in our sole and absolute discretion, control the disposition of any Claim at your sole cost and expense. Without limitation of the foregoing, you may not settle, compromise or in any other manner dispose of any Claim without our consent.
DISCLAIMERS, EXCLUSIONS AND LIMITATIONS
- DISCLAIMER OF WARRANTIES. WE PROVIDE THE WEBSITE ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE DO NOT REPRESENT OR WARRANT THAT THE WEB SITE, THE SERVICES, ITS USE, ANY INFORMATION ON IT: (I) WILL BE UNINTERRUPTED OR SECURE, (II) WILL BE FREE OF DEFECTS, INACCURACIES, ERRORS, SPYWARE, MALWARE, ADWARE, VIRUSES, WORMS OR OTHER MALICIOUS CODE, (III) WILL MEET YOUR REQUIREMENTS, OR (IV) WILL OPERATE IN THE CONFIGURATION OR WITH OTHER HARDWARE OR SOFTWARE YOU USE. WE MAKE NO WARRANTIES OTHER THAN THOSE MADE EXPRESSLY IN THESE TERMS, AND HEREBY DISCLAIM ANY AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, MERCHANTABILITY AND NON-INFRINGEMENT.
- DISCLAIMER OF FORWARD-LOOKING STATEMENTS. THIS WEBSITE MAY CONTAIN FORWARD-LOOKING STATEMENTS THAT REFLECT OUR CURRENT EXPECTATION REGARDING FUTURE EVENTS AND BUSINESS DEVELOPMENT. THE FORWARD-LOOKING STATEMENTS INVOLVE RISKS AND UNCERTAINTIES. ACTUAL DEVELOPMENTS OR RESULTS COULD DIFFER MATERIALLY FROM THOSE PROJECTED AND DEPEND ON A NUMBER OF FACTORS, SOME OF WHICH ARE OUTSIDE OUR CONTROL.
- HEALTH RELATED INFORMATION. WE PROVIDE INFORMATION ON THE WEBSITE FOR INFORMATIONAL PURPOSES ONLY. IT IS NOT MEANT AS A SUBSTITUTE FOR THE ADVICE OF A DOCTOR OR OTHER HEALTH CARE PROFESSIONAL. YOU SHOULD NOT USE THE INFORMATION AVAILABLE ON OR THROUGH THE WEBSITE FOR DIAGNOSING OR TREATING A MEDICAL CONDITION. YOU SHOULD CAREFULLY READ ALL PRODUCT INSTRUCTIONS PRIOR TO USE.
- EXCLUSION OF DAMAGES. TO THE EXTENT NOT PROHIBITED BY LAW, WE WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES RELATING TO LOST PROFITS, LOST DATA, DENIALS OF SERVICE, BUSINESS INTERRUPTION, OR LOSS OF GOODWILL) ARISING OUT OF, RELATING TO OR CONNECTED WITH THE USE OF THE WEBSITE OR PRODUCTS, REGARDLESS OF THE CAUSE OF ACTION ON WHICH THEY ARE BASED, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OCCURRING.
- LIMITATION OF LIABILITY. IN NO EVENT WILL OUR AGGREGATE LIABILITY ARISING FROM, RELATING TO, OR IN CONNECTION WITH THESE TERMS (INCLUDING, WITHOUT LIMITATION, CLAIMS RELATING TO THE WEBSITE, OR THE PRODUCTS) EXCEED THE GREATER OF $100 OR THE AMOUNT THAT YOU PAID FOR THE PRODUCTS.
Domestic Use; Export Restriction
We control the Website from our offices within the United States of America. We make no representation that the Website or its content (including, without limitation, any products or services available on or through the Website) are appropriate or available for use in other locations. Users who access the Website from outside the United States of America do so on their own initiative and must bear all responsibility for compliance with local laws, if applicable. Further, the United States export control laws prohibit the export of certain technical data and software to certain territories. No content from the Website may be downloaded in violation of United States law.
We will not be liable for failing to perform under these Terms because of any event beyond our reasonable control, including, without limitation, a labor disturbance, an Internet outage or interruption of service, a communications outage, failure by a service provider to perform, fire, terrorism, natural disaster or war.
All disputes arising out of or relating to these Terms (including its formation, performance or alleged breach) or your use of the Website will be exclusively resolved under confidential binding arbitration held in Boston, Massachusetts before and in accordance with the Rules of the American Arbitration Association. The arbitrator's award will be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms will be joined to an arbitration involving any other party subject to these Terms , whether through class arbitration proceedings or otherwise. Notwithstanding the foregoing, we will have the right to seek injunctive or other equitable relief in state or federal court located in Boston, Massachusetts to enforce these Terms or prevent an infringement of a third party's rights. In the event equitable relief is sought, each party hereby irrevocably submits to the personal jurisdiction of such court.
WAIVER OF CLASS ACTION RIGHTS. BY ENTERING INTO THESE TERMS, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO JOIN CLAIMS WITH THOSE OF OTHERS IN THE FORM OF A CLASS ACTION OR SIMILAR PROCEDURAL DEVICE. ANY CLAIMS ARISING OUT OF, RELATING TO, OR CONNECTED WITH THESE TERMS MUST BE ASSERTED INDIVIDUALLY.
Limitation of Actions
You acknowledge and agree that, regardless of any statute or law to the contrary, any claim or cause of action you may have arising out of, relating to, or connected with your use of the Website, must be filed within one calendar year after such claim or cause of action arises, or forever be barred.
Changes to the Website
We may, in our sole discretion, change, modify, suspend, make improvements to or discontinue any aspect of the Website, temporarily or permanently, at any time without notice to you, and we will not be liable for doing so.
We will have the right to terminate your access to the Website if we believe you have breached any of the terms and conditions of these Terms. Following termination, you will not be permitted to use the Website and we may, in our discretion, cancel any outstanding orders for Products that you have placed. If your access to the Website is terminated, we reserve the right to exercise whatever means we deem necessary to prevent unauthorized access to the Website, including, but not limited to, technological barriers, IP mapping, and direct contact with your Internet Service Provider. These Terms will survive indefinitely unless and until we choose to terminate it, regardless of whether any account you open is terminated by you or us or if you have the right to access or use the Website.
By choosing to access the Website from any location other than the United States, you accept full responsibility for compliance with all local laws that are applicable. We make no representation that materials on the Website are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. You may not use, export or re-export any materials from the Website in violation of any applicable laws or regulations, including, but not limited to, any United States export laws and regulations.
These Terms contains the entire understanding between you and us regarding the use of the Website, and supersedes all prior and contemporaneous agreements and understandings between you and us relating thereto.
These Terms will be binding upon each party hereto and its successors and permitted assigns, and governed by and construed in accordance with the laws of the State of Massachusetts without regard for conflict of law principles or other principles that would cause the application of the law of any other State. These Terms and all of your rights and obligations under them may not be assignable or transferable by you without our prior written consent. No failure or delay by a party in exercising any right, power or privilege under these Terms will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power, or privilege under these Terms. You are an independent contractor, and no agency, partnership, joint venture, employee-employer relationship is intended or created by these Terms. The invalidity or unenforceability of any provision of these Terms will not affect the validity or enforceability of any other provision of these Terms, all of which will remain in full force and effect.
Latitude Sports Clubs © 2018. All Rights Reserved.