Welcome to CaliforniaFitness.com! California Fitness provides the information, services and programs offered through CaliforniaFitness.com (collectively, "Online Services") to you subject to the following User Agreement ("Agreement"), which may be amended as described below. By accessing and using the Online Services you agree to the posted Agreement.
Description Of Online Services
The CaliforniaFitness.com Online Services are provided for your information and entertainment. You understand and agree that our Online Services are intended for general reference purposes only and are not intended to address specific medical conditions. Furthermore, you understand and agree that our Online Services are provided "AS-IS" and that California Fitness assumes no responsibility for, among other things, any service outages or interruptions, the unavailability of particular features or services, and the inability to access all or part of our Online Services.
Your Use Of Our Online Services
In consideration for providing you with access to our Online Services, you agree to provide true, accurate, current and complete information about yourself as prompted by our Online Services' registration form and update that information to keep it accurate. You acknowledge and agree that our Online Services contain proprietary information that is protected by applicable intellectual property and other laws. You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, use of our Online Services, access to our Online Services or any of the content accessible through our Online Services.
You also agree not to use our Online Services to: (a) violate or solicit the violation of any applicable local, state, national or international law; (b) infringe the rights of any third party, including but not limited to intellectual property rights and privacy or publicity rights; and, (c) interfere with or disrupt our Online Services.
Furthermore, you agree that you will not use any automated device or process, such as a "bot" or a "spider," to copy or extract information or content from our Online Services, except to use such information or content for purposes of listing our Online Services with a search engine or other service designed to direct users to our web site. You further agree that you will not copy, modify, or publicly display any information or content on the site for use in any commercial manner, except to use such information or content for purposes of listing our web site in a search engine or other service directing users to our web site.
If you do not fulfill your obligations under this Agreement, at California Fitness' sole discretion and without limiting its other remedies, California Fitness may terminate your access to part or all of our Online Services. However, our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
Our Online Services are not designed for use by children. If you are under the age of 18 years, you may not use our Online Services. By accepting this agreement, you agree and warrant that you are not under the age of 18 years.
Important Note Regarding Information Related To Health
Our Online Services are not a substitute for professional medical advice or a medical exam. Prior to participating in any exercise program or activity, you should seek the advice of your physician or other qualified health professional. You agree that no health information provided by our Online Services will be used to diagnose, treat, cure or prevent any medical condition without consulting a licensed physician. Application or reliance on of the techniques, ideas, and suggestions accessed through our Online Services is at your sole discretion and risk.
Other Web Sites
Our Online Services sometimes provide links or access to other web sites and resources. As California Fitness does not control such sites and resources, you acknowledge and agree that California Fitness is not responsible for their availability, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that California Fitness shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
YOU UNDERSTAND AND AGREE THAT WE, AND OUR SUPPLIERS, PROVIDE OUR ONLINE SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. YOU FURTHER UNDERSTAND AND AGREE THAT WE, AND OUR SUPPLIERS, MAKE NO WARRANTY AS TO THE RELIABILITY, ACCESSIBILITY, ACCURACY, LEGITIMACY OR QUALITY OF THE SITE OR THE CONTENT AVAILABLE ON THE SITE. YOU AGREE THAT USE OF THE SITE AND ITS CONTENT IS AT YOUR SOLE AND EXCLUSIVE RISK. SOME JURISDICATONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING MAY NOT APPLY TO YOU.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT CALIFORNIAFITNESS.COM SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF CALIFORNIAFITNESS.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE ONLINE SERVICES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE ONLINE SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (iv) ANY OTHER MATTER RELATING TO THE ONLINE SERVICES.
OUR LIABILITY, AND THE LIABILITY OF OUR SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, IF ANY, OR (B) HK$780. SOME JURISDICATIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
You agree to indemnify and hold California Fitness and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement or your violation of any law or the rights of a third party.
Modification and Termination
You agree that California Fitness may amend this Agreement at any time by posting the amended terms on our site at http://www.CaliforniaFitness.com. All amendments shall automatically be effective ten days after they are initially posted on our site. Your use of the Online Services following the effective date of any modifications shall constitute your binding acceptance of those modifications. Furthermore, you agree that this Agreement and all incorporated agreements may be automatically assigned by California Fitness, in our sole discretion, to a third party in the event of a merger or acquisition. This Agreement may not be otherwise amended except in a writing signed by an officer of California Fitness.
You agree that CaliforniaFitness.com may terminate your membership to CaliforniaFitness.com at any time and for any reason whether you violate this User Agreement or not. You further understand and agree that CaliforniaFitness.com, at its complete discretion, may remove or alter the Online Services or any of content available through them at any time and for any reason or no reason.
This Agreement and your relationship with California Fitness shall be governed by the laws of the Hong Kong SAR as such laws are applied to agreements entered into and to be performed entirely within the Hong Kong SAR, without regard to Hong Kong SAR's conflict of law provisions. Regardless of any statute or law to the contrary, you agree that any claim or cause of action arising out of or related to use of the Online Services or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Our Online Services are offered by California Fitness at PO Box 28959, Gloucester Road Post Office, Hong Kong. If you are a Hong Kong resident, you may have this same information emailed to you by sending a letter to the foregoing address with your email address and a request for this information.
Except as explicitly stated otherwise, any notices shall be given by postal mail to California Fitness, Attn: Legal Department, PO Box 28959, Gloucester Road Post Office, Hong Kong (in the case of California Fitness) or by email to the email address you provide to California Fitness during the registration process (in your case).
Headings in this Agreement are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. This Agreement sets forth the entire and exclusive understanding and agreement between you and California Fitness with respect to the subject matter hereof. This Agreement supercedes and cancels all previous and contemporaneous agreements, commitments and writings with respect to this subject matter. You agree that if any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.