TEXAS FAMILY FITNESS

Terms of Use

Thank you for visiting the Texas Family Fitness web site (http://www.texasfamilyfitness.com (herein, the ‘Site’)) or for using the Texas Family Fitness Application (the “App”) (the Site, the App, and any other services provided by Texas Family Fitness by or through the Internet are collectively referred to herein as the “Online Services”).  The Online Services are owned by [TF Fitness Operating, LLC]. The Online Services are operated by Texas Family Fitness and materials on them are primarily owned by Texas Family Fitness. The Online Services may also include materials owned by third parties and posted in the Online Services by virtue of an agreement between the third party and Texas Family Fitness. Texas Family Fitness created the Online Services for your personal enjoyment, entertainment and education. However, you are only authorized to access the Online Services or to use the materials contained in them (regardless of whether your access or use is intended) if you agree to these Terms of Use and our Privacy Statement, which collectively constitute an Agreement between you and Texas Family Fitness. Please read these Terms of Use carefully and save them. If you do not agree with them, you should leave this Site and terminate use of any other Online Service immediately. Any questions or comments regarding, or problems with, the Online Services should be sent to the Site Administrator at customerservice@txfamilyfitness.com.

If we decide to change our Terms of Use, we may do so, and we will post our updated Terms of Use on our Site, and in other places we deem appropriate.  We reserve the right to modify these Terms of Use at any time, so please review them frequently. Any changes to these Terms of Use will become effective when we post the revised Terms of Use on our Site. Your use of any of the Online Services following any change constitutes acceptance the updated Terms of Use.

Terms of Use Effective Date: September 1, 2018

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.

 

ACCESS AND USE

All materials contained in the Online Services are protected by U.S. and international trademark and copyright laws and must only be used for personal, non-commercial purposes. This means that you may only view or download material from the Online Services for your own use and you must keep all copyright and other proprietary notices attached to the downloaded material.

The reproduction, duplication, distribution (including by way of email, facsimile or other electronic means), publication, modification, copying or transmission of material from the Online Services is STRICTLY PROHIBITED unless you have obtained the prior written consent of Texas Family Fitness or unless it is expressly permitted by the Online Services.  Solely for so long as you are permitted by Texas Family Fitness to use the Online Services and subject to your compliance with the requirements and restrictions of these Terms of Use, you may, and you agree that you are only authorized to, access and use the Online Services solely for your own personal, non-commercial use.  The App is licensed (not sold) to end users. Solely for so long as you are permitted by Texas Family Fitness to use the App and subject to your compliance with the requirements and restrictions of these Terms of Use, we hereby permit you, on a limited, non-exclusive, revocable, non-transferable, non-sublicensable basis, to install and use the App on a device that you own or control, solely for your own personal, non-commercial use.

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.

SUBMISSIONS

Certain functionality in our Online Services may provide users with the ability to submit content, information, data, materials or other resources to us through or in connection with the Online Services (each a “Submission”). All Submissions are governed by our Privacy Statement found at: https://www.texasfamilyfitness.com/privacy-policy.  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 a 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.

ADVERTISING AND THIRD PARTY SITES

Texas Family Fitness is not responsible for the content or practices of third party web sites that may be linked to this Site and Texas Family Fitness makes no representations with respect to such sites.

TERMINATION

Texas Family Fitness reserves the right to immediately terminate your use of, or access to, the Online Services, including, without limitation, this Site, if, at any time, Texas Family Fitness determines in its sole discretion that you have breached this Agreement or any applicable law, rule or regulation, or if you have engaged in conduct that Texas Family Fitness considers to be inappropriate or unacceptable.

DISCLAIMER OF LIABILITY AND WARRANTIES

You agree that you use the Online Services and rely on material contained in the Online Services at your own risk. To the maximum extent permitted by law, the Online Services, and all materials in the Online Services, are provided “as is” and, to the fullest extent permitted by law, are provided without warranties of any kind either express or implied. You acknowledge that Texas Family Fitness, its parents and affiliates together with their respective employees, agents, directors, officers and shareholders, IS NOT LIABLE for any delays, inaccuracies, failures, errors, omissions, interruptions, deletions, defects, viruses, communication line failures or for the theft, destruction, damage or unauthorized access to your computer system or network, including, without limitation, as a result of our negligence.

You acknowledge that Texas Family Fitness is not liable for any defamatory, offensive or illegal conduct or material found in connection with the Online Services, including such conduct or material transmitted by any means by any other person.

You acknowledge that Texas Family Fitness is 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 Online Services.

YOU HEREBY WAIVE ANY AND ALL RIGHTS TO BRING ANY CLAIM OR ACTION RELATED TO THIS SITE BEYOND ONE (1) YEAR AFTER THE FIRST OCCURRENCE OF THE KIND OF ACT, EVENT, CONDITION OR OMISSION UPON WHICH SUCH CLAIM OR ACTION IS BASED.

INDEMNITY

You agree to defend, indemnify and hold harmless TEXAS FAMILY FITNESS, its parents and affiliates together with their respective franchisees, employees, agents, directors, officers and shareholders, from and against all the liabilities, claims, damages and expenses (including reasonable attorney’s fees and costs) arising out of your use of the ONLINE SERVICES; your failure to use the ONLINE SERVICES; your breach or alleged breach of this Agreement or your breach or alleged breach of the copyright, trademark, proprietary or other rights of third parties.

GENERAL PROVISIONS

This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions. This Agreement is governed by, and construed in accordance with, the laws of the State of Texas without giving effect to any principles of conflicts of law.

NOTICES

Except as explicitly stated otherwise, any notices shall be given by postal mail for Texas Family Fitness to: Texas Family Fitness, PO BOX 3525,  Coppell, TX 75019, or for you to: the email address you provide to Texas Family Fitness during the registration process. Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to Texas Family Fitness during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.

RESOLUTION OF DISPUTES

You agree that any claim or controversy at law or equity that arises out of this Agreement or any Online Services (“Claims”) shall be resolved in accordance with the provisions below or as otherwise mutually agreed upon in writing by the parties. Before resorting to formal proceedings, we strongly encourage you to first contact us directly to seek a resolution and we will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation, as an alternative to litigation.

BINDING ARBITRATION

All disputes which cannot be resolved between the parties, and causes of action arising out of or connected with the Online Services, 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.  This Agreement is governed by Texas law.  The arbitration shall be conducted in Dallas County, Texas, on a confidential basis pursuant to the Federal Arbitration Act. 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 the assessment of costs, expenses, and reasonable attorneys’ fees. An award of arbitration may be confirmed in a court of competent jurisdiction.

You agree that this Agreement and all incorporated agreements may be automatically assigned by Texas Family Fitness in our sole discretion.  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. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof.

 

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