If you choose to use www.unionfitness.com (the “Site”) and any features or services of this Site (“Services”), you agree to comply with and be bound by the following terms and conditions (this “Agreement”), which we may change at any time by posting notice on the Site. PLEASE READ THIS AGREEMENT CAREFULLY, AND PLEASE CHECK THESE TERMS AND CONDITIONS PERIODICALLY FOR CHANGES. If you do not agree to these terms and conditions, please do not use the Site or any of the Services.
If you register or sign up for any Services through this Site, you represent and warrant to Union Fitness LLC (“UF” or “we”) that: (i) you are a resident of the United States of America and of legal age to form a binding contract; (ii) you will provide UF with accurate, current and complete registration information; and (iii) your registration and your use of the Service is not prohibited by law. UF reserves the right to suspend or terminate your registration, the provision of any Services, or your access to the Services, with or without notice to you, in the event that you breach any term of this Agreement.
This Site and the Services are not directed at users under the age of 13. If you are under the age of 13, you are not permitted to register or use the Services.
3) Additional Terms and Conditions.
We may require you to agree to follow additional rules and/or other terms and conditions in order to use various features of the Site, sign up for membership (either on-line or in person), use any of the UF Services, make a purchase or participate in certain promotions or activities available through our Site. In cases where you sign-up through the Site, you may be asked to expressly consent to additional terms and conditions by checking a box or clicking on a button marked “I agree.” If any additional term or condition is different than the terms of this Agreement, then the additional terms will supplement or amend this Agreement, but only with respect to the matters governed by such agreement.
4) Membership Terms and Conditions
Prior to finalizing any membership purchase by you, you must agree to be bound by, and sign, the Membership Agreement found here: www.unionfitness.com.
3) Ownership of the Service and Related Intellectual Property.
All the text, images, marks, logos, compilations (meaning the collection, arrangement and assembly of information), data, other content, software and materials displayed on the Site or used by UF in connection with the Services, excluding any User Content (as defined below) is proprietary to us or to third parties. UF expressly reserves all rights, including all intellectual property rights, in all of the foregoing, and except as expressly permitted by this Agreement, any use, redistribution, sale, decompilation, reverse engineering, disassembly, translation or other exploitation of them is strictly prohibited.
The mark “Union Fitness” is a trademark of UF and may not be used in connection with any service or products other than those provided by UF, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits UF. Any use of such marks, or any others displayed on the Site or in connection with the Services, will inure solely to the benefit of their respective owners.
4) Your Registration and User Content.
5) Fees and Payment.
If you purchase any membership you will pay UF the applicable fees. UF may change its fees at any time by publishing written notice on the Site. You will pay all fees and taxes as they become due. If You fail to pay applicable fees, reserves the right to terminate your membership and/or use of the Services.
8) Service Restrictions.
No user of this Site or the Services shall submit, upload to, distribute through or otherwise post to the Site any material that:
- (a) is libelous, defamatory, threatening, abusive, scandalous, obscene, pornographic or unlawful or that encourages a criminal offense;
- (b) contains any advertising, promotional, solicitation or other commercial material;
- (c) contains material from other copyrighted works without the written consent of the owner of such copyrighted material, other than reasonable excerpts permitted under the copyright doctrine of fair use;
- (d) infringes any copyright or violates any property rights, rights of privacy or publicity, or any other rights of any third party;
- (e) contains any statement, formula, direction, recipe, prescription or other matter that involves a reasonably foreseeable risk of injury or damage to the material’s readers or others; or
- (f) contains any software viruses or any other code, file or program that is designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment.
Neither You nor any other party may, without our prior written permission, deep link to, frame, spider, harvest or scrape the Service or User Content, or otherwise access the Service or Content for any purposes, or use any machine, electronic, web-based or similar device to read or extract the Service or User Content by machine based or automated means.
9) UF Rights
UF reserves the right (but is not obligated) to do any or all of the following:
- (a) record User Content;
- (b) Investigate an allegation that User Content or your registration information does not conform to the terms and conditions of this Agreement;
- (c) remove User Content or any registration information that is abusive, illegal or disruptive, or that otherwise fails to conform with the terms and conditions of this Agreement;
- (d) monitor, edit or disclose any User Content or your information, and otherwise generally monitor your use of the Site or the Service; or
- (e) edit or delete any User Content or registration information, regardless of whether such content violates any terms and conditions of this Agreement.
UF have no liability or responsibility to users of the Site and/or Service or any other person or entity for performance or nonperformance of the aforementioned activities.
10) Links to Third Party Website Are Not Endorsements.
This Site may contain links to third party websites. The linked sites are not under our control, and we are not responsible for the contents of any linked site. We provide these links as a convenience only, and a link does not imply endorsement of, sponsorship of, or affiliation with the linked site by UF. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any of these third parties.
11) Ideas Submitted to UF
UF pleased to hear from you and welcomes your comments about the Site or Service. In the event that you submit ideas or suggestions for the Service (“Service Comments”), the Service Comments will be deemed, and will remain, the sole property of UF. None of the Service Comments will be subject to any obligation of confidence on the part of UF and UF will not be liable for any use or disclosure of any Service Comments. Without limiting the foregoing, UF will be entitled to unrestricted use and other exploitation of the Service Comments for any purpose whatsoever, commercial or otherwise, by any means, by any media, without compensation to the provider, author, creator or inventor of the Service Comments.
12) Warranty Disclaimers, Limitations of Liability and Indemnity.
You acknowledge that exercise activities involve risks, which may involve risk of bodily injury or death, and that you assume those risks. You should consult a licensed physician prior to beginning or modifying any exercise program that you undertake, and you acknowledge that UF has advised you of the necessity for obtaining such consultations. In no event shall UF be liable for any death or bodily injury that you suffer, or that you cause to any third party, including without limitation, in connection with your use of the UF services, facilities, equipment, training services, exercise or other activity you undertake in connection therewith. You are to be bound by the terms of the Agreement for Release from Liability when you become a member. Copies are available at the front desk OR can be requested by emailing email@example.com.
Without limitation of the foregoing, UF make no representations or warranties of any kind regarding the Site and Service. The Site and Service are provided in “AS IS” condition, and UF EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING: ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, AND ANY AND ALL WARRANTIES ARISING FROM COURSE OF DEALING AND USAGE OF TRADE; THAT THE SITE AND SERVICE WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE OR OPERATE WITHOUT ERROR, AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE OPERATION, USE OR OTHER EXPLOITATION OF THE SITE AND SERVICE, AND AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED FROM THE SITE OR SERVICE. No advice or information, whether oral or written, obtained by you from UF or through the Site or Service will create any warranty not expressly stated herein.
YOU USE THE SITE AND SERVICE AT YOUR OWN RISK, AND UF WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM OR RELATING TO ANY OF THEIR OPERATION, USE OR OTHER EXPLOITATION.
UNDER NO CIRCUMSTANCES WILL YOU BE ENTITLED TO RECOVER FROM UF ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS OR LOSS OF USE), WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE ARISING FROM OR RELATING TO THE SERVICE OR USER CONTENT, EVEN IF UF HAS BEEN INFORMED OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
THE MAXIMUM AGGREGATE LIABILITY OF UFFOR ANY AND ALL DAMAGES ARISING IN CONNECTION WITH YOUR USE OF THE SITE OR SERVICE OR THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT OF FEES PAID BY YOU TO UF IN THE THREE (3) MONTHS BEFORE THE LIABILITY IS ALLEGED TO HAVE ARISEN, OR, IF NO AMOUNTS WERE PAID DURING SUCH PERIOD, THE AMOUNT OF $1. THIS LIMITATION WILL APPLY WHETHER THE DAMAGES ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF WARRANTIES OR OF LIABILITY, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
You shall defend, indemnify and hold harmless UF against any and all claims, actions, proceedings, suits, liabilities, losses, damages, costs, expenses and attorneys’ fees arising in connection with your use of the Site or Service or your breach of any provision of this Agreement. UF reserves the right the assume the sole control of the defense and settlement of any claim, action, suit or proceeding for which You are obliged to provide indemnification hereunder. You will cooperate with UF with respect to such defense and settlement.
13) Link to the Privacy Statement.
UF operates the Service under the Privacy Statement published at www.unionfitness.com. We urge You to read this policy now and, because the policy is updated from time to time, later at Your convenience.
14) Digital Millennium Copyright Act.
UF complies with the provisions of the Digital Millennium Copyright Act applicable to internet service providers (17 U.S.C. §512, as amended). If You have any complaints or objections to material posted on the UF website You may contact our Designated Agent at the following address:
100 S Commons Suite 180, Pittsburgh PA 15212
Any notice alleging that materials on this website infringe intellectual property rights must include the following information:
- (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed;
- (b) a description of the copyrighted work or other intellectual property that you claim has been infringed;
- (c) a description of the material that you claim is infringing and where it is located on the website;
- (d) your address, telephone number, and email address;
- (e) a statement by you that you have a good faith belief that the use of the materials on the website of which you are complaining is not authorized by the copyright owner, its agent, or the law; and
- (f) a statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
If material that you have posted to the website has been removed or disabled, you may file a counter notice pursuant to 17 U.S.C. §512 (g). To be effective, the counter notice must be a written communication sent to the designated agent address listed above that includes the following:
- (g) a physical or electronic signature of the subscriber;
- (h) identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
- (i) a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
- (j) your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located or, if your address is outside of the United States, for any judicial district in which UF may be found, and that you will accept service of process from the person who provided notification under subsection 17 U.S.C. §512 (c)(1)© or an agent of such person
15) Applicable Law and Jurisdiction; Compliance.
All disputes arising out of or relating to this Agreement or the Site or Service shall be resolved exclusively in, and venue shall be laid in, the state or federal courts sitting in Pittsburgh, Pennsylvania.
16) Miscellaneous Provisions.
No delay or omission by UF in exercising any of its rights occurring upon any noncompliance or default by you with respect to any of the terms and conditions of this Agreement will impair any such right or be construed to be a waiver thereof, and a waiver by UF of any of the covenants, conditions or agreements to be performed by you will not be construed to be a waiver of any succeeding breach thereof or of any other covenant, condition or agreement hereof contained. As used in this Agreement, “including” means “including but not limited to.” If any provision of this Agreement is found by a court of competent jurisdiction to be invalid or unenforceable, then this Agreement will remain in full force and effect and will be reformed to be valid and enforceable while reflecting the intent of the parties to the greatest extent permitted by law. You agree that the electronic text of this Agreement constitutes a writing and your assent to the terms and conditions hereof constitutes a “signing” for all purposes. There shall be no third party beneficiaries to this Agreement. In no event shall UF be liable for any failure to comply with this Agreement to the extent that such failure arises from factors outside UF’s reasonable control.
Effective Date of Terms: 10/27/16.