Terms and Conditions of Service
Jackie's Gym Terms and Conditions of Service
Jackie's Gym Terms and Conditions of Service (effective April 1, 2012)
The Jackie's Gym ("Jackie's Gym") website allows members and visitors to receive information about Jackie's Gym (including e-mail newsletters and blogs), interact with other Jackie's Gym members and/or visitors, and book, cancel and pay for services offered at Jackie's Gym facilities. The services ("Jackie's Gym Services") offered by Jackie's Gym include the www.jackies-gym.com/terms.html website, which is hosted in the United States.
These terms and conditions ("Terms of Service") set forth the legally binding terms for your use of the Jackie's Gym Services. By using the Jackie's Gym Services, you agree to be bound by these Terms of Service, whether you are a "Visitor" (which means that you simply browse the Jackie's Gym website) or you are a "Member" (which means that you have registered with Jackie's Gym and/or purchased one or more Jackie's Gym Services). The term "User" refers to a Visitor or a Member. You are only authorized to use the Jackie's Gym Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to these Terms of Service. Please read these Terms of Service carefully and save it. If you do not agree with it, you should leave the Jackie's Gym website and discontinue use of the Jackie's Gym Services immediately. If you wish to become a Member, you must read these Terms of Service and indicate your acceptance during the registration process.
Although we may attempt to notify you when major changes are made to these Terms of Service, you should periodically review the most up-to-date version which will always be posted at www.jackiesgym.com/privacy.html . Jackie's Gym may, in its sole discretion, modify or revise these Terms of Service and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in these Terms of Service shall be deemed to confer any third-party rights or benefits.
Jackie's Gym Website
Jackie's GYM makes no representations whatsoever about any other website which you may access through this one. When you access a non-Jackie's GYM website, even one that may contain the Jackie's GYM logo, please understand that it is independent from Jackie's GYM , and that Jackie's GYM has no control over the content on that website. In addition, a link to a non-Jackie's GYM website does not mean that Jackie's GYM endorses or accepts any responsibility for the content, or the use, of such website. It is up to you to take precautions to ensure that whatever you select for your use is free of viruses, worms, Trojan horses and other items of a destructive nature.
Jackie's Gym Accounts
In order to access some features of the website, you will have to create a Jackie's Gym account. You may never use another's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Jackie's Gym immediately of any breach of security or unauthorized use of your account.
Although Jackie's Gym will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Jackie's Gym or others due to such unauthorized use.
Minors between the ages of 13 and 18 may register on Jackie's GYM website only with the involvement of a parent or guardian, and the parent or the guardian shall sign a minor consent form at our office.
This Agreement shall remain in full force and effect while you use the Jackie's Gym Services ... Jackie's gym may terminate your training package at any time, without warning, if you breach these Terms of Service. Even after the training package is terminated, these Terms of Service will remain in effect.
You acknowledge that Jackie's Gym charges fees for its services, and Jackie's Gym reserves the right to change its fees from time to time in its discretion. If Jackie's Gym terminates your spinning classes package because you have breached these Terms of Service, you may not be entitled to a refund of any unused portion of spinning package or other fees.
When you sign up to become a member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another member at any time or to disclose your password to any third party. You agree to notify Jackie's Gym immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.
General Use of the Website -- Permissions and Restrictions
Jackie's Gym hereby grants you permission to access and use the website as set forth in these Terms of Service, provided that you agree not to distribute in any medium any part of the website, without Jackie's Gym's prior written authorization and you agree not to alter or modify any part of the website or any of its related technologies.
You will otherwise comply with the terms and conditions of these Terms of Service and all applicable local, national, and international laws and regulations.
Jackie's Gym reserves the right to discontinue any aspect of the Jackie's Gym website at any time.
Use of Content on the Site
In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of content on the Jackie's Gym website. Intellectual Property Rights Jackie's GYM and Jackie's GYM Logo are service marks, trademarks, and/or trade dress of Jackie's GYM or otherwise proprietary to Jackie's GYM and may not be used by you for any reason other than as expressly permitted by this Agreement. Jackie's Gym reserves all rights not expressly granted in and to the website and the Content. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Jackie's Gym website or the Jackie's Gym Services, provided by you to the Company are non-confidential and shall become the sole property of Jackie's Gym.
You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Website for any commercial purposes.
You agree not to circumvent, disable or otherwise interfere with security-related features of the Jackie's Gym website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Jackie's Gym website or the Content therein.
Jackie's Gym, and other graphics, logos, designs, page headers, button icons, scripts and service names are service marks, of Jackie's Gym in the U.S. and/or other countries for which applications are pending. Jackie's Gym's service marks, may not be used, including as part of service marks, and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Jackie's Gym.
The Jackie's Gym Services may include certain services that may be available via your mobile phone, including but not limited to (i) the ability to book and/or purchase Jackie's Gym Services via your mobile phone, (ii) the ability to receive and reply to Jackie's Gym messages, (iii) the ability to browse Jackie's Gym from your mobile phone and (iv) the ability to access certain Jackie's Gym features through a mobile application you have downloaded and installed on your mobile phone (collectively the "Mobile Services"). We do not charge for these Mobile Services. However, your carrier's normal messaging, data and other rates and fees will still apply. You should check with your carrier to find out what plans are available and how much they cost. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. Therefore, you should check with your carrier to find out if the Mobile Services are available for your mobile devices, and what restrictions, if any, may be applicable to your use of such Mobile Services. By using the Mobile Services, you agree that we may communicate with you regarding Jackie's Gym and other entities by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us.
Account Termination Policy
YOU AGREE THAT YOUR USE OF THE Jackie's GYM WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, Jackie's GYM, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESSED OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOU'RE USE THEREOF. Jackie's GYM MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR DEATH OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE OR FROM THE CONDUCT OF ANY USERS OF THE Jackie's GYM SERVICES, WHETHER ONLINE OR OFFLINE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE Jackie's GYM WEBSITE. Jackie's GYM DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE Jackie's GYM WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND Jackie's GYM WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. THE Jackie's GYM SERVICES ARE PROVIDED "AS-IS" AND AS AVAILABLE AND Jackie's GYM EXPRESSLY DISCLAIMS ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. Jackie's GYM CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE Jackie's GYM SERVICES.
Limitation of Liability
IN NO EVENT SHALL Jackie's GYM, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE Jackie's GYM WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT Jackie's GYM SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The Website is controlled and offered by Jackie's Gym from its facility in the United States of America. Jackie's Gym makes no representations that the Jackie's Gym Website is appropriate or available for use in other locations. Those who access or use the Jackie's Gym Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.
You agree to defend, indemnify and hold harmless Jackie's Gym, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from your use of and access to the Jackie's Gym Website or your violation of any term of these Terms of Service. This defense and indemnification obligation will survive these Terms of Service and your use of the Jackie's Gym Website.
Ability to Accept Terms of Service
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 13, as the Jackie's Gym Website is not intended for children under 13. If you are under 13 years of age, then please do not use the Jackie's Gym Website.
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Jackie's Gym without restriction.
Governing Law; Venue and Jurisdiction
You agree that: (i) the Jackie's Gym website shall be deemed solely based in Ohio; and (ii) the Jackie's Gym website shall be deemed a passive website that does not give rise to personal jurisdiction over Jackie's Gym, either specific or general, in jurisdictions other than Ohio. These Terms of Service shall be governed by the internal substantive laws of the State of Ohio, without respect to its conflict of laws principles. Any claim or dispute between you and Jackie's Gym that arises in whole or in part from the Jackie's Gym website shall be decided exclusively by a court of competent jurisdiction located in Fairlawn, Ohio, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and federal courts of Ohio.
Either Jackie's Gym or you may demand that any dispute between Jackie's Gym and you about or involving the Jackie's Gym Services must be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Association (AAA) in Fairlawn, Ohio, USA, provided that the foregoing shall not prevent Jackie's Gym from seeking injunctive relief in a court of competent jurisdiction.
Revised Terms and Conditions
Jackie's GYM may at any time revise these Terms and Conditions by updating this posting. By using this Website, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then current Terms and Conditions to which you are bound.