ONLINE SUBSCRIPTION TERMS AND CONDITIONS
In The Arena Fitness LLC - www.inthearenafitness.com
Welcome to In The Arena Fitness! We start every new subscriber relationship with a contract. The following contract spells our what you can expect from us, and what we expect from you. If you agree to what you read below, you should click “Accept” at the end of the contract to acknowledge that you are doing so. We intend this to be the legal equivalent of your signature or a written contract, and equally binding. Only by clicking “Accept” will you be able to access and use the services available on this Website.
2. Access and Services
Your access to the various services available on this system depends on the level of access you select. You may change or discontinue your account at any time. We reserve the right to modify, suspend, or terminate access to the service on our system at any time for any reason without notice or refund, including the right to delete all program and data files associated with your account and/or other information you have on our system.
3. Fees and Payment
We will charge you a standard monthly fee for using our system as well as additional fees depending on the type of service you selected. You should review the complete and current price list before signing up for any services. You will be given an opportunity to pay by credit card or PayPal when you sign up. You can cancel your account at any time, but you will remain liable for all charges accrued up to that time, including full monthly charges for the month for which you discontinued service. We reserve the right to change our fees at any time for any reason, but, whenever possible we will give you at least one months advance notice of such change.
4. System Rules
You agree to be bound by certain rules that are important for the proper use of this service. You failure to follow these rules, whether listed below in the contract or in bulletins posted at various points in the system, may result in termination of your service. First, do not tell others your password or let your account be used by anyone except yourself. Second, do not attempt to log in more than once at the same time on any given account without specific permission of one of our operators. Third, while you should feel free to express yourself, you should respect other users of the system and not do anything to attack or injure others. Fourth, do not use our system to commit a crime, or to plan, encourage or help others commit a crime, including crimes relating to computers.
5. Privacy Considerations
Your communications on this system are, in more cases, viewed only by you and anyone to whom you address your message, however, as system operators, we may need to review or monitor your electronic mail and other communications from time to time. In addition, we reserve the right to copy and distribute to third parties any information associated with your activities on the system. Therefore, you should not expect to have a right to privacy in any of your communications.
6. Proprietary Rights
By posting messages, uploading files, inputting data, or engaging in any form of communication on our system, you are hereby granting to the public unrestricted license to use, copy, modify, adapt or document in any form any communications, information or any underlying work in which you may possess proprietary rights, including but not limited to copyright rights. All users of the system are therefore deemed to have disclaimed or waived all copyright ownership right in their messages or files, even if they contain copyright notices. You shall have absolutely no recourse against us as the system provider for any alleged or actual infringement of any proprietary rights to which you may claim ownership.
Your use of our system affords you access to many of the features of our system, but some aspects of our system remain within our exclusive proprietary control. We or our suppliers own the intellectual property rights to any and all protectable components of our system, including but not limited to the computer software, the related documentation, the end-user interfaces, the name of our system, many of the individual features, and the collective works consisting of sequences of all public messages on our system. You may not reproduce any sequence of messages from our system, either electronically or in print, without our permission. In addition, you may not copy, modify, adapt, reproduce, translate, distribute, reverse engineer, decompile or dissemble any aspect of the system that we, or our suppliers, own.
7. Limitation of Liability
You must bear the risk of any liability relating to your use of our system. We would not be able to afford to operate this system if we were held accountable for every wrongful action by every online subscriber. ACCORDINGLY, YOUR USE OF THE ONLINE SYSTEM IS ENTIRELY AT YOUR SOLE RISK. WE WILL NOT BE RESPONSIBLE TO YOU OR ANY THIRD PARTIES FOR ANY DIRECT OR INDIRECT, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES OR LOSSES YOU MAY INCUR IN CONNECTION WITH OUR SYSTEM. YOUR USE THEREOF ANY OF THE DATA OR OTHER MATERIALS TRANSMITTED THROUGH OR RESIDING ON OUR SYSTEM, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF WE HAVE ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS.
You shall defend and indemnify us and hold us harmless from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs and expenses (including reasonable attorneys’ fees), relating to any acts by you or materials or information transmitted by you in connection with our system, leading wholly or partially to claims against us or our system by other subscribers or third parties, regardless of the type of claim or nature of the cause of action.
9. Disclaimers or Warranty
THE SYSTEM IS PROVIDED “AS IS “ AND WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, NON-INFRINGEMENT OR ANY OTHER WARRANTY, CONDITION, GUARANTY, OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION CONTAINED THEREIN OR PROVIDED BY THE SERVICE.
10. Choice of Law
You agree that this Agreement shall for all purposes be governed by and construed in accordance with the laws of the state of Georgia, and that any action arising out of this Agreement shall be litigated and enforced under the law of the state of Georgia. In addition, you agree to submit to the jurisdiction of the courts of the state of Georgia and that any legal action pursued by you shall be within the exclusive jurisdiction of the courts of the state of Georgia.
This Agreement consists only of the express written terms and conditions set forth in this Agreement. All understandings and agreements heretofore made between the parties are merged into this Agreement, which alone fully and completely express the Parties’ understanding. There are no promises or agreements, oral or otherwise, inducing entry into this Agreement. The Parties are relying only on the express terms, conditions and agreements set forth herein. The Parties further agree that any promise or agreement not expressly set forth in writing and signed by the Parties cannot be relied upon and will not be valid or enforceable.
This Agreement represents the entire understanding between you and us regarding your relationship to In The Arena Fitness, LLC and supersedes any prior statements or representations. IF YOU AGREE TO BE BOUND BY THE TERMS OF THIS ONLINE SUBSCRIBER AGREEMENT, please click the “Accept” box on our sign-up page. If you do not agree to the terms and conditions of the Subscriber Agreement, please log off our Website.