These GENERAL TERMS OF SERVICE (“AGREEMENT”) are entered into as of the Effective Date by and between GO, LLC (“GO!” “WE”, “OUR” or “US”), a New Jersey limited liability company, authorized representatives of gyms, spas, fitness studios (“REP”), individuals, and the like. (“USER,” “YOU” or “YOUR”). Hereafter, GO!, Reps and Users may be collectively referred to as the “PARTIES”.
GoGym! LLC and any affiliates operate and conduct business as GO!
Welcome to GO!.
GO! is a service that utilizes the GO! mobile application (“App”) and authorized GO! websites (“Sites”), to allow users to book passes to gyms, spas, fitness studios and the like (“Locations”) within their city and beyond. The Sites serve as a platform that allows authorized representatives (“Reps”) of a Location to list daily, weekly, and/or monthly passes for purchase by App users. The Sites also allows Reps to list products and services offered at the Locations for purchase by App users. The Site and the App are owned and operated by GO! LLC. (“GO!”).
By accessing, browsing, and/or using the Sites and App, you accept and agree to be bound to these Terms. In addition, when using particular GO! services, you also shall be subject to any posted guidelines, FAQs, or rules applicable to such services, which may be posted and modified from time to time.
- IMPORTANT DEFINITIONS:
In this document we refer to our services, technologies and Site collectively as the (“Services”). For convenience, we also use the following defined terms: (“Location”) refers to a gym, spa and fitness studio which is listed on the App by a Rep for booking via the Services; (“User”) refers to a person who utilizes the Services to book a pass to a Location or purchases products and/or services offered at a Location; and (“Rep”) refers to an authorized representative(s) of a Location who utilizes the Services to registers their Location with GO! to create a Listing and to list and sell to User products and services offered at a Location.
- AUTHORIZED REPRESENTATIVES OF LOCATIONS (“REP”)
A Rep can be but is not limited to the owner, operator, manager, staff member and employee of a Location. A Rep is an agent of a Location, therefore once a Rep utilizes the Services a Location is also bound by the terms and conditions provided in this Agreement.
- ADDITIONAL INFORMATION OF GO! SERVICES:
GO! operates an online platform for Reps and Users to connect for the purpose of listing and booking daily/weekly/monthly passes, and to allow Reps to list and sell a Location’s products and services to Users. GO! does not own or operate any Location. Instead, GO!’s role is only facilitating a transaction between Reps and the Users. Reps are independent contractors. GO! is not responsible for and disclaims all liability related to the actions of Reps, Managers, third parties and other users of the Services.
- LISTINGS OF PASSES, PRODUCTS, AND SERVICES:
Listing a Location and listing the products and services offered at a Location on GO! are free. However when doing so, Reps and the Locations must agree to be bound by the terms in this agreement. If a Rep lists his/her Locations on GO!, a Rep and a Location agree to allow GO! to take a certain percentage of the total value of a pass, product, and/or service sold to a User as a service fee. A Rep and Location authorize GO! to collect payment for the Location booking on a Rep’s and Location’s behalf, and then make that money available to the Rep and Location within three weeks.
- AGE REQUIREMENTS FOR USERS:
The Services are intended solely for persons who are 18 or older. Any access to or use of the Services by anyone under 18 is expressly prohibited. By accessing or using the Services you represent and warrant that you are 18 or older.
- USER’S ADMISSION INTO LOCATION:
It’s the Location’s and Rep’s job to make sure a User is admitted into the Location, not GO!’s.
The Reps and the Location’s agents (e.g. employees, staff, owners, and/or operators) are responsible for accepting the passes a User purchases through GO!, and making available to the User any Location reserved through the Services.
- HONORING A USER’S PURCHASE OF A LOCATION’S PRODUCTS AND/OR SERVICES:
The Reps and the Location’s agents (e.g. employees, staff, owners, and/or operators) are responsible for honoring a User’s purchase of Location’s product and/or service through GO!, and making available the product and/or service to the User at the Location in question.
- USER’S CREDIT CARD INFORMATION:
GO! will ask a User for his/her credit card information to buy a pass.
Along with a User’s information, you’ll be asked for billing information such as name and credit card information either to GO! or Stripe, its third party payment processor.
- users may be required to sign additional Waivers:
Users may have to sign a waiver at the Location.
If Users decide to book a pass at a Location through GO!, Users may be required to enter into a written agreement with the Location beyond the electronic waivers provided through the Sites and App. Users agree that a User you will accept any terms, conditions and restrictions, written or oral, associated with such Locations imposed by the Location’s employees, staff, managers and owners. You acknowledge and agree that you, and not GO!, will be responsible for meeting the conditions of any such agreements, and GO! is not a party to such agreements or terms, conditions and restrictions and disclaims all liability.
Refunds are at the sole discretion of the Locations and the Reps, not GO!.
Please note that refunds procedures and penalties for bookings vary depending on the policies of the applicable Rep. GO! has no responsibility or liability in regards to refund policies. You agree that you will accept any terms, conditions and restrictions associated with any Locations imposed by the Location’s agents, including, but not limited to, any refund policies. Please note that GO! is not responsible for resolving any disputes or processing any refunds, and disclaims any and all liability in this regard. If you do not use your pass within 90 days of purchase, GO! will not issue a refund.
- USER ACCOUNTS:
Account Creation. In order to use certain features of the Services, you must register for an account with GO! (“GO! Account”) and provide certain information about yourself as prompted by the registration form. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; and (c) your use of the Services does not violate any applicable law or regulation or the terms of this Agreement.
Communication from GO! and other Users. By using the Service, you agree to receive certain communications, for example, you may receive an update on products and/or gym passes you had purchased through the App or you may receive a periodic e-mail newsletter from GO!. You can opt-out of non-essential communications by mailing email@example.com or unsubscribing from the email notification.
- GO! SERVICES:
License. Subject to the terms of this Agreement, GO! grants you a non-transferable, non-exclusive, license (without the right to sublicense) to (a) use the Services solely for your personal, non-commercial purposes, and (b) install and use the Apps, solely on your own handheld mobile device (e.g., iPhone, Android, etc. as applicable) and solely for your personal, non-commercial purposes.
Certain Restrictions. The rights granted to you in this Agreement are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Services; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Services; (c) you shall not access the Services in order to build a similar or competitive service; (d) except as expressly stated herein, no part of the Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means; (e) You may not copy or modify the code used to provide the Services; and (f) You may not use the Site, Apps, Content, or Services on or in connection with any other website, for any purpose. Any future release, update, or other addition to functionality of the Services shall be subject to the terms of this Agreement.
Use of Services at Your Own Risk. Your access to and use of the Site, Content, Apps, and Services is at your own risk. GO! will have no responsibility for any harm to your computing system, loss of data, or other harm to you or any third party, including, without limitation, any bodily harm, that results from your access to or use of the Site, Apps, Content, or Services, or reliance on any information or advice with respect to any food products.
Customer Support. GO! has no obligation to provide you with customer support of any kind. However, GO! may provide you with customer support from time to time, at GO!’s sole discretion.
Modification Of Services. GO! reserves the right, at any time, to modify, suspend, or discontinue the Services (including the Site, Apps, and APIs) or any part thereof with or without notice. GO! reserves the right to integrate into a different web service, migrate to a different URL, modify or discontinue, restrict or block access to, the Services without notice to you. GO! may modify or remove any Content from the Services at any time without notice to you. GO! is not liable for any such modification, suspension, discontinuance or removal. You agree that GO! will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services or any part thereof.
- USER CONTENT:
User Content. “User Content” of a user means any photographs, pictures, content, text, artwork, files, programs, sound, graphics, video, data, product ratings, product comments, or forum post and other similar materials that a user submits, emails or otherwise uses with the Services. “Your User Content” means User Content that you provide to GO!. “Media” means any means of conveying information, whether now known or hereafter devised. You are solely responsible for your User Content.
You assume all risks associated with use of User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of Your User Content that makes you or any third party personally identifiable.
License. By using Your User Content with the Services, you automatically grant, and you represent and warrant that you have the right to grant, to GO! an irrevocable, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use Your User Content, and to grant sublicenses of the foregoing, solely for the purposes of including Your User Content in the Services. You agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to Your User Content.
Feedback. GO! will treat any feedback or suggestions you provide to GO! as non-confidential and non-proprietary. Thus, in the absence of a written agreement with GO! to the contrary, you agree that you will not submit to GO! any information or ideas that you consider to be confidential or proprietary.
User Content License Grants. You hereby grant to GO! a worldwide, perpetual, irrevocable, nonexclusive, royalty-free, fully-paid up, transferable right and license, with the right to sublicense through multiple levels of sublicensees, under all of your intellectual property and other rights in Your User Content, to (a) reproduce, distribute, transmit, publicly perform and publicly display Your User Content, in whole or in part, in any manner and Media, (b) modify, adapt, translate and create derivative works from Your User Content, in whole or in part, in any manner and Media, (c) sublicense the foregoing rights, in whole or in part, to any third party, with or without a fee and (d) exercise any and all other present or future rights in Your User Content.
Moral Rights. You hereby waive and agree never to assert any claim of Moral Rights in Your User Content against GO! or any of GO!’s licensees. “Moral Rights” means any right to (a) divulge Your User Content to the public; (b) retract Your User Content from the public; (c) claim authorship of Your User Content; (d) object to any distortion, mutilation or other modification of Your User Content; or (e) any and all similar rights, existing under judicial or statutory law of any country or jurisdiction in the world, or under any treaty regardless of whether or not such right is called or generally referred to as a moral right.
Restrictions. You agree that you will not submit User Content that is unlawful, pornographic, libelous, defamatory, tortious, obscene, or racially, ethnically or otherwise objectionable or that otherwise violates general GO! community standards. We expressly reserve the right to remove or not make available any User Content that we deem to be in violation of this Agreement, applicable laws or our community standards in our sole discretion. You agree that you will not upload, post, e-mail or otherwise transmit User Content to us that contain software viruses or any other computer code, files, or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
No Obligation. Although we have the right to include Your User Content in the Service or in any Media, we do not have the obligation to do so. We may, in our sole discretion and for any reason, refuse Your User Content or remove it from our Service at any time. We reserve the right to remove, screen, edit, or reinstate User Content from time to time at our sole discretion and without notice to you. We have no obligation to retain or provide you with copies of Your User Content, nor do we guarantee any confidentiality with respect to Your User Content.
Advertising. GO! and its licensees may publicly display advertisements and other information adjacent to or included with Your User Content. You are not entitled to any compensation for such advertisements. The manner, mode and extent of such advertising are subject to change without specific notice to you.
Representations and Warranties. You hereby affirm, represent, and warrant that (a) you own, or have the necessary licenses, rights, and/or consents to use Your User Content with the Services as described herein; (b) Your User Content does not infringe any copyright or any other intellectual property right of any third party; (c) Your User Content, and GO!’s exercise of its rights hereunder, do not and will not violate, misappropriate or infringe any intellectual property right, including but not limited to trademark rights, copyrights, moral rights and publicity rights of any third party; (d) you possess all rights necessary for the reproduction, distribution, transmission, public performance, public display, and other exploitation of Your User Content by GO! as permitted hereunder; (e) Your User Content is not pornographic, obscene, libelous, defamatory, tortious, or otherwise unlawful; (f) all factual statements submitted by you are accurate and not misleading; and (g) Your User Content does not in any other way violate the Acceptable Use Policy (defined below).
- ACCEPTABLE USE POLICY:
The following sets forth GO!’s “Acceptable Use Policy”:
You agree not to use the Services to collect, upload, transmit, display, or distribute any User Content (a) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (b) that is unlawful, harassing, abusive, tortious, threatening, harmful, abusive, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive (e.g., material that promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual) or otherwise objectionable material of any kind or nature or which is harmful to minors in any way; or (c) in violation of any law, regulation, or obligations or restrictions imposed by any third party.
In addition, you agree not to use the Services to: (a) upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter a computer system or data; (b) send unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (c) harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; (d) interfere with or disrupt servers or networks connected to the Services or violate the regulations, policies or procedures of such networks; (e) attempt to gain unauthorized access to the Services, other computer systems or networks connected to or used together with the Services, through password mining or other means; (f) attempt to access or search the Site, Content, or Services with any engine, software, tool, agent, device or mechanism other than the software and/or search agents provided by GO! or other generally available third party web browsers; (f) forge any TCP/IP packet header or any part of the header information in any email or posting; (g) attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Content, or Services; (h) access, tamper with, or use non-public areas of the Site, Apps, APIs, GO!’s computer systems, or the technical delivery systems of GO!’s providers; (i) attempt to probe, scan, or test the vulnerability of any system or network or breach any security or authentication measures; (j) access, tamper with, or use non-public areas of the Site, GO!’s computer systems, or the technical delivery systems of GO!’s providers; (k) attempt to probe, scan, or test the vulnerability of any system or network or breach any security or authentication measures; (l) in any way use the Site, Content or Services to send altered, deceptive or false source-identifying information; or (m) harass or interfere with another user’s use and enjoyment of the Services;
We reserve the right (but have no obligation under this Agreement) to review any User Content, investigate, and/or take appropriate action against you, in our sole discretion, if you violate the Acceptable Use Policy or any other provision of this Agreement, including removing or modifying your User Content, terminating your GO! Account, and/or reporting you to law enforcement authorities. We may also remove or modify your User Content if it, in our sole judgment, violates the rights of, harms, or threatens the safety of any other person, or creates liability for us or any other person. In order to cooperate with legitimate governmental requests, subpoenas or court orders, or to protect our business and customers, we may access and disclose any information considered necessary or appropriate, including your GO! Account username and password, IP address and traffic information, usage history, and your User Content.
- APP STORES, THIRD PARTY SITES & ADS, OTHER USERS:
Third Party Sites & Ads. The Services may contain links to third party sites and advertisements for third parties (collectively, “Third Party Sites & Ads”). Such Third Party Sites & Ads are not under the control of GO! and GO! is not responsible for any Third Party Sites & Ads. GO! provides these Third Party Sites & Ads only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third Party Sites & Ads. Advertisements and other information provided by Third Party Sites & Ads may not be wholly accurate. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources. When you link to a Third Party Site, the applicable service provider’s terms and policies, including privacy and data gathering practices govern. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party. Your transactions and other dealings with Third Party Sites & Ads that are found on or through the Site, Apps or Services, including payment and delivery of related goods or services, are solely between you and such merchant or advertiser.
Other Users. Each user of the Service is solely responsible for any and all their User Content. Because we do not control User Content, you acknowledge and agree that we are not responsible for any User Content and we make no guarantees regarding the accuracy, currency, suitability, or quality of any User Content, and we assume no responsibility for any User Content. Your interactions with other Service users are solely between you and such user. You agree that GO! will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any Service user, we are under no obligation to become involved.
Release. You hereby release us, our officers, employees, agents and successors from claims, demands any and all losses, damages, rights, claims, and actions of any kind including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from any interactions with or conduct of any App Store, any other Service users, or any Third Party Sites & Ads.
IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
- WARRANTY DISCLAIMERS:
THE SERVICES (INCLUDING SITE, APPS, AND CONTENT) AND USER CONTENT ARE PROVIDED “AS IS”, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, GO! EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT OR NON-INFRINGEMENT.
GO! MAKES NO WARRANTY THAT THE SITE, APPS, CONTENT, USER CONTENT OR SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. GO! MAKES NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION OBTAINED THROUGH THE SITE, APPS, CONTENT, USER CONTENT OR SERVICES, OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SITE, APPS, CONTENT, USER CONTENT OR SERVICES, INCLUDING, WITHOUT LIMITATION, ANY INFORMATION OR ADVICE WITH RESPECT TO ANY FOOD PRODUCT. GO! DOES NOT REGULARLY MONITOR OR UPDATE THE ACCURACY OR RELIABILITY OF THE CONTENT OR USER CONTENT.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM GO! OR THROUGH THE SITE, APPS, CONTENT, USER CONTENT OR SERVICES, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN OR CREATE ANY LIABILITY ON THE PART OF GO!.
THE SITE, APPS, CONTENT, USER CONTENT AND SERVICES ARE FOR CONSUMER EDUCATIONAL USE ONLY. NOTHING CONTAINED IN THE SERVICES IS OR SHOULD BE CONSIDERED, OR USED AS A SUBSTITUTE FOR, MEDICAL, NUTRITIONAL OR ANY OTHER PROFESSIONAL ADVICE, DIAGNOSIS OR TREATMENT. THIS SITE, APPS, CONTENT AND THE SERVICES DO NOT CONSTITUTE THE PRACTICE OF ANY MEDICAL, NUTRITIONAL, DIETETIC, NURSING OR OTHER PROFESSIONAL HEALTH CARE ADVICE, DIAGNOSIS OR TREATMENT. GO! ADVISES USERS TO ALWAYS SEEK THE ADVICE OF A PHYSICIAN OR OTHER QUALIFIED, LICENSED HEALTH CARE PROVIDER WITH ANY QUESTIONS REGARDING PERSONAL HEALTH, NUTRITION OR MEDICAL CONDITIONS. NEVER DISREGARD, AVOID OR DELAY IN OBTAINING MEDICAL ADVICE FROM YOUR DOCTOR OR OTHER QUALIFIED, LICENSED HEALTH CARE PROVIDER BECAUSE OF SOMETHING YOU HAVE READ ON THE SITE OR APPS. GO! MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE INFORMATION, TOOLS, OR CONTENT INCLUDED IN THE SITE, APPS, CONTENT, USER CONTENT OR SERVICES.
SEE ADDITIONAL WARRANTY DISCLAIMERS PROVIDED IN PARAGRAPHS NINETEEN (19) THROUGH TWENTY (20) OF THIS AGREEMENT.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
- GO!’S DISCLAIMERS FOR PRODUCTS SOLD THROUGH APP AND SITES BY THIRD-PARTIES:
ALL INFORMATION CONTAINED ON THE SERVICES (INCLUDING THE SITE, APPS, AND CONTENT), INCLUDING NUTRIENT INFORMATION, INGREDIENTS, FOOD ALLERGENS, AND INFORMATION RELATING TO MEDICAL AND HEALTH CONDITIONS IS FOR INFORMATIONAL PURPOSES ONLY AND NOT PROVIDED AS MEDICAL ADVICE.
GO! DOES NOT ASSUME ANY LIABILITY FOR INACCURACIES OR MISSTATEMENTS ABOUT PRODUCTS, WHETHER BASED ON MANUFACTUER INFORMATION, THIRD PARTY INFORMATION, GO! USERS’ INFORMATION OR ON RATINGS AND ASSESMENTS GENERATED BY GO!. YOU SHOULD CAREFULLY READ ALL INFORMATION PROVIDED BY THE MANUFACTURERS OF THE PRODUCTS, WHETHER ONLINE OR ON THE ACTUAL PRODUCT PACKAGING AND LABELS, INCLUDING NUTRIENT CONTENT, INGREDIENTS, FOOD ALLERGEN AND CONTACT INFORMATION, AND HEALTH CLAIMS, BEFORE USING OR CONSUMING A PRODUCT. FOR ADDITIONAL INFORMATION ABOUT A PRODUCT, PLEASE CONTACT THE MANUFACTURER DIRECTLY.
INFORMATION ON THE SERVICES IS NOT INTENDED AS A SUBSTITUTE FOR THE ADVICE PROVIDED BY A QUALIFIED AND LICENSED HEALTHCARE PROFESSIONAL. YOU SHOULD NOT USE INFORMATION ON THE SERVICES FOR THE DIAGNOSIS OR TREATMENT OF A HEALTH PROBLEM OR DISEASES. YOU SHOULD ALWAYS CONSULT YOUR HEALTHCARE PROVIDER BEFORE MAKING ANY DIETARY OR NUTRITIONAL CHANGES.
IN ADDITION TO ALL OTHER LIMITATIONS AND DISCLAIMERS IN THIS AGREEMENT, GO! DISCLAIMS ANY LIABILITY OR LOSS IN CONNECTION WITH THE CONTENT PROVIDED ON THE SERVICES.
- Disclaimers relating to any classess, activies and any other service provided at the locations:
CLASSES, ACTIVITIES, AND ANY OTHER SERVICES OFFERED VIA THE SITE ARE OFFERED AND PROVIDED BY THIRD PARTIES, NOT GO!. YOU AGREE THAT ATTENDANCE AT OR USE OF ANY SUCH CLASSES, ACTIVITIES, OR OTHER SERVICES IS SOLELY AT YOUR OWN RISK. IN NO EVENT SHALL GO! BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE, WHICH ARISES OUT OF OR IS ANY WAY CONNECTED WITH A USER’S ATTENDANCE OR PARTICIPATION IN A CLASS, SERVICE OR APPOINTMENT MADE THROUGH THE SITE, OR THE PERFORMANCE OR NON-PERFORMANCE OF ANY PROVIDER IN CONNECTION WITH THE SERVICES. IN ADDITION, ALL USERS SPECIFICALLY UNDERSTAND AND AGREE THAT ANY THIRD PARTY DIRECTING USERS TO THE SITE BY REFERRAL, LINK OR ANY OTHER MEANS IS NOT LIABLE TO THE USER FOR ANY REASON WHATSOEVER, INCLUDING BUT NOT LIMITED TO DAMAGES OR LOSS ASSOCIATED WITH THE USE OF THE SERVICES, THE SITE OR ANY CONTENT ON THE SITE. GO! IS NEITHER AN AGENT OF NOR IS CONNECTED WITH ANY PROVIDER WITH WHICH A USER HAS MADE A RESERVATION, OTHER THAN AS THE PROVIDERS OF THE SERVICES PROVIDED ON THE SITE. WITHOUT LIMITING ANYTHING HEREIN, GO! DISCLAIMS ALL WARRANTIES, WHETHER STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, RELATED TO ANY CLASSES, ACTIVITIES, OR OTHER SERVICES OFFERED VIA THE SITE.
UNLESS OTHERWISE EXPRESSLY STATED BY GO!, THE SITE AND ANY DOWNLOADABLE SOFTWARE, CONTENT, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, GO!, ITS SUPPLIERS AND PARTNERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.
UNLESS OTHERWISE EXPRESSLY STATED BY GO!, GO!, ITS SUPPLIERS AND PARTNERS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS (I) THAT THE SITE AND ANY DOWNLOADABLE SOFTWARE, CONTENT, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE AND ANY DOWNLOADABLE SOFTWARE, CONTENT, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SITE OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (II) REGARDING THE USE OF THE SITE AND ANY DOWNLOADABLE SOFTWARE, CONTENT, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SITE IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE SITE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.
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 MIGHT HAVE ADDITIONAL RIGHTS.
- LIMITATION ON LIABILITY:
IN NO EVENT SHALL WE (AND OUR SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM THIS AGREEMENT OR YOUR USE OF, OR INABILITY TO USE, THE SERVICES (INCLUDING THE SITE, APPS, OR SITE CONTENT), OR THIRD PARTY SITES & ADS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SERVICES (INCLUDING THE SITE, APPS, CONTENT AND USER CONTENT), AND THIRD PARTY SITES & ADS ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTING SYSTEM OR LOSS OF DATA RESULTING THEREFROM.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, YOU AGREE THAT THE AGGREGATE LIABILITY OF GO! TO YOU FOR ANY AND ALL CLAIMS ARISING FROM THE USE OF THE SITE, CONTENT OR SERVICES IS LIMITED TO THE AMOUNTS YOU HAVE PAID TO GO! FOR ACCESS TO AND USE OF THE SITE, CONTENT, OR SERVICES. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE AGREEMENT BETWEEN GO! AND YOU.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
- USER’S WAIVER OF LIABILITIES AGAINST LOCATION:
THIS SECTIONS APPLIES SPECIFICALLY TO THE USERS and their agreement to waive any claims they may have against a location.
In consideration of my use of the exercise equipment and facilities provided by the Locations, I expressly agree and contract, on behalf of myself, my heirs, executors, administrators, successors and assigns, that the Locations and its insurers, employees, staff, managers, owners, operators, officers, directors, and associates, shall not be liable for any damages arising from personal injuries (including death) sustained by me, or my guest in, on, or about the premises, or as a result of the use of the equipment or facilities, regardless of whether such injuries result, in whole or in part, from the negligence of the Location. By the execution of this agreement, I accept and assume full responsibility for any and all injuries, damages (both economic and non-economic), and losses of any type, which may occur to me or my guest, and I hereby fully and forever release and discharge the LOCATION, its insurers, employees, officers, directors, and associates, from any and all claims, demands, damages, rights of action, or causes of action, present or future, whether the same be known or unknown, anticipated, or unanticipated, resulting from or arising out the use of said equipment and facilities.
I expressly agree to indemnify and hold the LOCATION harmless against any and all claims, demands, damages, rights of action, or causes of action, of any person or entity, that may arise from injuries or damages sustained by me or my guest.
I agree to be solely responsible for safety and well being of my guest and myself. I understand that the LOCATION does not provide supervision, instruction, or assistance for the use of the facilities and equipment.
I agree to comply with all rules imposed by the LOCATION regarding the use of the facilities and equipment.
I agree to conduct myself in a controlled and reasonable manner at all times, and to refrain from using any equipment in a manner inconsistent with its intended design and purpose.
I understand and acknowledge that the use of exercise equipment involves risk of serious injury, including permanent disability and death.
I understand and agree that the LOCATION is not responsible for property that is lost, stolen, or damaged while in, on, or about the premises.
I understand and agree that my use of the facilities and equipment is only to be undertaken on my own personal time, and that my use of the facilities and equipment is not within the course or scope of my employment.
You agree to indemnify and hold GO!, its successors, subsidiaries, affiliates, any related companies, its suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each of them harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (a) your use of the Services, (b) your User Content, or (c) your violation of this Agreement. GO! reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of GO!. GO! will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
- TERM AND TERMINATION:
If you violate any of these Terms of Service, your permission to use the Site, Apps, Content, and Services will automatically terminate. GO! reserves the right to revoke your access to and use of the Site, Apps, Content, and Services at any time, with or without cause.
Changes to Terms of Service. You acknowledge and agree that GO! may revise these Terms of Service from time to time. By continuing to access or use the Site, Content, or Services after GO! makes any such revision, you agree to be bound by the revised Terms of Service.
Severability. In the event that any provision of these Terms of Service is held to be invalid or unenforceable, the remaining provisions of these Terms of Service will remain in full force and effect.
Waiver. The failure of GO! to enforce any right or provision of these Terms of Service will not be deemed a waiver of such right or provision.
Governing Law. This Agreement shall be governed by the laws of the State of New Jersey without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction. Notwithstanding the foregoing, we may seek injunctive or other equitable relief to protect our intellectual property rights in any court of competent jurisdiction.
If you have any questions about these Terms of Service, please contact GO! firstname.lastname@example.org