Collection of Visitor Information on this Site
All content, software, and technology included on the Sites or used in the operation of the Sites is the owned or licensed property of Neonetic or its content, software, and technology suppliers, and is protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all content on the Sites is the exclusive property of Neonetic and protected by U.S. and international copyright laws. Neonetic Limited grants you permission to view and use content, software, and technology made available to you on the Sites in connection with your own personal, noncommercial use of the Sites. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the content, software, and technology on the Sites is strictly prohibited.
The trademarks, service marks, trade dress, and “look and feel” (the “Trademarks”) used and displayed on the Sites are registered and unregistered Trademarks of Neonetic and others. Nothing on the Sites shall be construed as granting any license or right to use any Trademark displayed on the Sites without the prior written permission of the Trademark owner. Other product and company names mentioned in the Sites may be the Trademarks of their respective owners.
Other Intellectual Property
All other intellectual property rights related to the content, software, and technology included on the Sites or used in the operation of the Sites, including without limitation, patents, trade secrets, trade dress, publicity rights, character rights, titles, and artistic and moral rights are the owned or licensed property of Anytime Fitness. Any use of these rights without the prior written permission of Anytime Fitness is strictly prohibited.
Information on the Sites may contain typographical errors, inaccuracies, or omissions in relation to services, pricing, locations, descriptions, information, and other matters. Neonetic reserves the right to correct any errors, inaccuracies, or omissions and to discontinue, change or update information at any time without prior notice. If Neonetic discovers price errors, they will be corrected on Anytime Fitness’s systems, and the corrected price will apply to your order.
Disclaimer of Warranties
THE SITES AND ALL CONTENT, MATERIALS, PRODUCTS AND SERVICES AVAILABLE THROUGH THE SITES ARE PROVIDED ON AN “AS IS, WITH ALL DEFECTS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE. ANYTIME FITNESS
YOU ACKNOWLEDGE, BY YOUR USE OF THE SITES, THAT SUCH USE IS AT YOUR SOLE RISK.
Limitation of Liability
IN NO EVENT SHALL EITHER ANYTIME FITNESS OR ITS AFFILIATES, FRANCHISEES, OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITES OR THE SERVICES AVAILABLE THROUGH THE SITES, WHETHER BASED ON CONTRACT, TORT, WARRANTY, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.
Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you may have additional rights.
Under no circumstances whatsoever shall Anytime Fitness’s aggregate liability resulting from or relating to your use of the Sites exceed Five Dollars ($5.00).
Prohibited Activities and Visitor Obligations
As a visitor or user of the Sites you shall not:
Links to Other Web Sites
Continued Operation, Accessibility, and Maintenance of this Site
Anytime Fitness may modify, change, suspend, terminate or discontinue the operation of the Sites or the provision of any services without notice and Anytime Fitness reserves the right to refuse service to anyone at any time, with or without cause.
If you are a registered user of any of the Sites, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password. Anytime Fitness reserves the right, without notice and in its sole discretion, to refuse or restrict access or service, terminate accounts, or remove or edit content.
You authorize Neonetic and any payment processing service provider it may engage to charge your credit card, or to debit or process payment through any other offered means, for any products or services you purchase through your use of the Sites. You represent and warrant that you are the only one who will make payments in connection with the Sites, and you shall be responsible for any and all uses of your credit card, debit card, or any other payment means used in or under your name. Unless otherwise specified, any amounts paid to Anytime Fitness are nonrefundable.
Fitness Club Owners, Employees, Trainers or Other Contractors
DATA OF OTHER USERS.
You may use your ability to access data applicable to other persons (“Member Data”), and use the Member Data that is disclosed to you, solely for the purposes of providing assistance to the other person in that person’s use of the Sites or Neonetic Club facilities or services. You must take all reasonable measures to prevent Member Data from being exposed or disclosed to others. You may not disclose any Member Data to any other person without the prior consent of Neonetic. You acknowledge that in the event any Member Data in your possession or control is exposed or disclosed without authority, whether by your fault or not, Neonetic may be required to give notice of such exposure to the affected members and to law enforcement authorities. You will be deemed responsible for any losses suffered by Neonetic or by a member which are caused by your negligent, intentional, or malicious acts regarding violation of your obligations in this paragraph. If you reside in a jurisdiction that has data privacy restrictions greater than those that exist in the United States of America, you are not authorized to use the Sites and are not authorized to share with Anytime Fitness any Personal Data via the Sites.
You are responsible for compliance with applicable laws.
Any and all questions, comments, suggestions, and similar materials or information that you send or submit to Anytime Fitness or a third party provider on the Sites, by a Post or otherwise (collectively, “Submissions”), shall become Anytime Fitness’s property; and you hereby transfer, sell, and assign to Neonetic all of your right, title, and interest in and to any such Submissions, including without limitation, any and all related patent, copyright, trademark, and other intellectual property rights. Neonetic has no obligation of any kind whatsoever to maintain any confidentiality with respect to any such Submissions. Neonetic shall be free to use them for any purpose whatsoever without providing you notice or receiving your consent, and without restriction or compensation.