Revised January 30, 2017
Use by Minors
The Sites are not targeted towards, nor intended for use by, anyone under the age of 18. YOU MUST BE AT LEAST AGE 18 TO ACCESS AND USE THE SITES. By using the Sites, you represent that you are at least 18 years old.
Children’s privacy is very important ISHC. We adhere to the United States Children's Online Privacy Protection Act (“COPPA”). COPPA restricts marketing to children under 13 years of age and sets forth certain requirements for website operators to protect children's privacy and safety online, including informing parents and/or legal guardians how we collect, use, and disclose personal information from children under 13 years of age, as well as, how to obtain verifiable consent from a parent/legal guardian in order for children to use certain features of on a website. ISHC will not knowingly allow anyone under 13 years of age to provide us with any personal information about themselves through our Sites. If a child has provided us with personal information without the consent of a parent/legal guardian, we ask the parent/legal guardian of that child to contact ISHC immediately at: firstname.lastname@example.org. We will use all reasonable efforts to promptly delete the child's personal information from our servers.
Account Registration and Eligibility
In order to participate in certain areas of our Sites, you may need to create or register for an account. In such a case, you agree to (a) create only one account; (b) provide accurate, current and complete information when creating your account; (c) maintain and promptly update your account information; (d) maintain the security of your account by not sharing your password with others and restricting access to your account and your computer; (e) promptly notify ISHC if you discover or otherwise suspect any security breaches relating to the Sites; and (f) take responsibility for all activities that occur under your account and accept all risks of unauthorized access.
Purchase Transactions; Sales Terms
In the event we make products or services available to purchase through the Sites (a “Purchase Transaction”), you may be asked to supply certain relevant information, such as your payment card number and expiration date, and billing and shipping addresses. In such event, you represent and warrant that you have the right to use the payment information you provide us in connection with a Purchase Transaction.
ISHC reserves the right, including without prior notice, to limit or discontinue making available any services or products available through the Sites; to provide for restrictions and conditions on the honoring of a discount, promotion or coupon; to prohibit a user from making any Purchase Transaction; and to refuse to provide any user with a service or product. We make no representations as to the accuracy or completeness of descriptions, pictures or illustrations of services or products, and such information and the availability of any service or product (including the validity of price, discount, promotion or coupon) is subject to change at any time without notice.
Without limiting the foregoing, ISHC 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, ISHC will issue a credit to your credit card account or bank account (for debit card purchases) in the amount of the charge (see your individual bank’s or card issuer’s policies as to when this amount will be credited to your account). Refunds and exchanges will be subject to ISHC’s applicable refund and exchange policies. You agree to pay all charges (and any applicable taxes) incurred by you through the Sites, at the prices in effect when such charges are incurred.
Limited License to Use Proprietary Materials; Copyright
Unless otherwise indicated, the Sites and all content and other materials therein, including, without limitation, the ISHC logo and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, "Proprietary Materials") are the proprietary property of ISHC or its licensors or users and are protected by U.S. and international copyright laws.
Digital Millennium Copyright Act (“DMCA”) Notice
If you believe any material available via the Sites infringes a copyright you own or control, you may file a notification of such infringement with our Designated Agent as set forth below.
In-Shape Health Clubs, LLC
Attn: Website Administrator
6 S. El Dorado Street, 6th Floor
Stockton, CA 95202
Please see 17 U.S.C. §512(c)(3) for the requirements of a proper notification. If you knowingly misrepresent in your notification that the material or activity is infringing, you will be liable for any damages, including costs and attorneys' fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.
If a notice of copyright infringement has been filed against material posted by you on the Sites, you may make a counter-notification with our Designated Agent listed above, provided that such counter-notification complies with the requirements of 17 U.S.C. §512(g)(3). If ISHC receives a valid counter-notification, it may reinstate the removed or disabled material in accordance with the DMCA.
In accordance with the DMCA and other applicable law, ISHC has also adopted a policy of terminating, in appropriate circumstances and in our sole discretion, users who are deemed to be repeat infringers. ISHC may also, in its sole discretion, limit access to the Sites and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
The Sites may include areas in which registered users may create or post messages, materials, information, music, photos, videos, applications, links or other items or materials ("Posted Content"). You hereby agree not to post, upload, transmit, distribute, store, create or otherwise publish through the Sites any of the following:
- Unless specifically requested by ISHC, any “sensitive” personally identifiable information about yourself or another person (including, but not limited to, information that relates to health or medical conditions, social security numbers, credit cards, bank accounts or other financial information, other information concerning trade union membership, sex life, political opinions, criminal charges or convictions, religious beliefs, racial or ethnic origin, or other sensitive matters);
- Posted Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent, otherwise objectionable or which threatens our relationships with our employees, members, guests, partners, customers or suppliers;
- Posted Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
- Posted Content that impersonates any person or entity or otherwise misrepresents your identity or affiliation with another person or entity;
- Spam, direct marketing communications or any unsolicited advertising, promotional materials or other forms of solicitation or commercial content;
- Posted Content that constitutes, encourages or provides instructions for a criminal offense, violates the rights of any party or that creates liability or violates any applicable local, state, national or international law;
- Viruses, spyware, Trojan horses, Easter eggs or any other harmful, disruptive or destructive files; and
You further agree not to (i) use technology or other means to access ISHC or the Sites or Proprietary Materials that is not authorized by ISHC; (ii) use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," to access ISHC or the Sites or Proprietary Materials; (iii) attempt to gain unauthorized access to ISHC computer network or user accounts; or (iv) attempt to damage, disable, overburden, or impair ISHC servers or networks.
ISHC does not control, take responsibility for or assume liability for any Posted Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is ISHC liable for any user conduct or any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. Interactive areas are generally designed as open and public community areas for connecting and sharing with other people. When you participate in these areas, you understand that certain information and content you choose to post may be displayed publicly. You are solely responsible for your use of the Sites and agree to use the interactive areas at your own risk.
If you are viewing the Sites on a public computer or are otherwise using a computer to which multiple people have potential access, be sure to follow all relevant instructions to ensure you are sufficiently disconnected and logged off the Sites and the computer system you are using to prevent unauthorized Posted Content.
License to Posted Content
You represent and warrant that your Posted Content is not subject to any confidentiality obligations and that you own and control all of the rights to the Posted Content, have the lawful right to distribute and produce such Posted Content, or otherwise have the right to grant the rights to ISHC that you grant herein. ISHC claims no ownership or control over any Posted Content, except as otherwise provided herein, on the Sites or in a separate agreement. However, by submitting or posting Posted Content on the Sites, you grant ISHC and its designees a perpetual, irrevocable, non-exclusive, fully-paid up and royalty free license to use, sell, reproduce, prepare derivative works, combine with other works, alter, translate, distribute copies, display, perform, publish, license or sub-license the Posted Content and your name and likeness provided in connection with such use of your Posted Content. By posting Posted Content, you hereby release ISHC and its agents and employees from any claims that such use, as authorized above, violates any of your rights and you understand that you will not be entitled to any compensation for any use of your Posted Content.
Submissions of Ideas by Users
Separate and apart from the Posted Content you provide, you can submit questions, comments, feedback, suggestions, ideas, plans, notes, drawings, original or creative materials or other information about ISHC, our Sites and our products (collectively, "Your Ideas"). Your Ideas, whether posted to the Sites or provided to ISHC by email or otherwise are entirely voluntary, non-confidential, gratuitous and non-committal. ISHC shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of Your Ideas for any purpose, commercial or otherwise, without acknowledgment or compensation to you. Please do not send us Your Ideas if you expect to be paid or want to continue to own or claim rights in them. We may have already had the same or similar idea and we do not want disputes.
You are granted a limited, non-exclusive right to create text hyperlinks to the Sites for noncommercial purposes, provided such links do not portray ISHC in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any obscene, pornographic, sexually explicit or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. In addition, you may not use ISHC' logo or other proprietary graphics to link to our Sites without our express written permission. Further, you may not use, frame or utilize framing techniques to enclose any ISHC trademark, logo or other proprietary information, including the images found at the Sites, the content of any text or the layout/design of any page or form contained on a page on the Sites without our express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of ISHC or any third party. ISHC makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of websites linking to the Sites. Such sites are not under the control of ISHC and ISHC is not responsible for the content of any linked site or any link contained in a linked site, or any review, changes or updates to such sites.
Third Party Information, Products, Services and Content
ISHC may provide third party content on the Sites (including embedded content) and links to web pages and content of third parties, including advertisements and promotions (collectively, “Third Party Content”) as a service to those interested in this information. We do not control, endorse or adopt any Third Party Content, including that the inclusion of any link does not imply affiliation, endorsement or adoption by ISHC of any site or any information contained therein, and can make no guarantee as to its accuracy or completeness. You acknowledge and agree that ISHC is not responsible or liable in any manner for any Third Party Content and undertakes no responsibility to update or review such Third Party Content. You agree to use such Third Party Content contained therein at your own risk. When you visit other sites via Third Party Content, or participate in promotions or business dealings with third parties, you should understand that our terms and policies no longer govern, and that the terms and policies of those third party sites will now apply. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from our Sites.
Use of the Sites and information contained therein is at your own risk. You agree not to use any health information provided on the Sites to diagnose, treat, cure or prevent any medical condition. Any information provided through the Sites is not a substitute for professional medical advice, diagnosis or treatment, should not be construed as the provision of advice or recommendations, and should not be relied upon as the basis for any decision or action, including the diagnosis or treatment of any medical condition. We shall not be held responsible for the accuracy, completeness or reliability of any health information available through the Sites, and you are responsible for evaluating for yourself the accuracy, completeness and usefulness of such information. You should always seek the advice of your physician or other qualified health professional about any medical or health condition.
Limitation of Liability
Arbitration of Disputes
Modifications to the Sites
ISHC reserves the right to modify or discontinue, temporarily or permanently, the Sites or any features or portions thereof without prior notice. You agree that ISHC will not be liable for any modification, suspension or discontinuance of the Sites or any part thereof.
Jurisdiction and Governing Laws
Under California Civil Code Section 1789.3, California residents are entitled to the following specific consumer rights information: The provider of the Sites is In-Shape Health Clubs, LLC, 6 S. El Dorado Street, 6th Floor, Stockton, California 95202. To file a complaint regarding the Sites or to receive further information regarding use of the Sites, send a letter to the above address or contact ISHC via e-mail at email@example.com (with “California Resident Request” as the Subject Line). You may also contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N-112, Sacramento, CA 95834 or by telephone at 800.952.5210.
Please feel free to contact us with any comments, questions or suggestions you might have regarding the information described in the Sites. You may contact us at: In-Shape Health Clubs, LLC, Attn: Website Administrator, 6 S. El Dorado Street, 6th Floor, Stockton, California 95202, or via e-mail at firstname.lastname@example.org.