Terms of Service
Dated: February 18, 2021
Acceptance of These Terms of Service
Prior to using theSoCal FitnessService, it is important for you to know and understand that by visiting the Site and/or using the Service, you are agreeing to accept certain liability limitations and legal and health disclaimers, which we further explain throughout this Agreement. In other words, your use of the SoCal FitnessService is at your own risk, and we do not assume any liability, or make any warranties of any kind, express or implied, with respect to the Service or your use of the Service.
By using the Service, you consent to receiving this Agreement in electronic form. To withdraw this consent, you must cease using the Service and terminate your account.
Questions Concerning These Terms of Service
If you have any questions about this Site or these Terms of Service, please contact us by e-mail at firstname.lastname@example.org
These Terms of Service May Change
We reserve the right to update or modify these Terms of Service at any time, without prior notice, by posting the revised version of these Terms of Service behind the link marked "Terms of Service" at the bottom of each page of this Site. These changes will be effective as of the date we post the revised version on this Site. Your continued use of this Site after we have posted the revised Terms of Service constitutes your agreement to be bound by the revised Terms of Service.
Whenever these Terms of Service are changed, we will update the "effective date" at the top of this page. Be sure you check the effective date to see if these Terms of Service have been revised since your last visit.
You may access the current version of these Terms of Service at any time by clicking on the link marked "Terms of Service" at the bottom of each page of this Site.
Age Requirements forUseof the Service
By accessing and using the Service, you acknowledge and agree that you are representing to us that you are over the age of 18 and you are of legal age to form a legally binding contract, and you are not a person barred from purchasing or receiving products and services, under the laws of the United States or other applicable jurisdiction. Registration, subscription, access to and use of the Service is not available to users under the age of 18 and are void where prohibited by applicable law.
HEALTH WARNING AND LIABILITY DISCLAIMER
YOU SHOULD CONSULT YOUR PHYSICIAN OR OTHER HEALTH CARE PROFESSIONAL BEFORE STARTING THIS OR ANY OTHER EXERCISE OR NUTRITION PROGRAM TO DETERMINE IF IT IS RIGHT FOR YOUR NEEDS. THIS IS PARTICULARLY TRUE IF YOU (OR YOUR FAMILY) HAVE: (A) A HISTORY OF HIGH BLOOD PRESSURE OR HEART DISEASE, (B) IF YOU HAVE EVER EXPERIENCED CHEST PAIN OR OTHER DISCOMFORT WHEN EXERCISING, OR (C) IF YOU SMOKE, HAVE HIGH CHOLESTEROL, OR HAVE A BONE OR JOINT PROBLEM THAT COULD BE MADE WORSE BY A CHANGE IN PHYSICAL ACTIVITY. DO NOT USE THE SOCAL FITNESS SERVICE IF YOUR PHYSICIAN OR HEALTH CARE PROVIDER ADVISES AGAINST IT. IF YOU EXPERIENCE FAINTNESS, DIZZINESS, PAIN OR SHORTNESS OF BREATH AT ANY TIME WHILE EXERCISING, YOU SHOULD STOP IMMEDIATELY.
THE SOCAL FITNESS SERVICE OFFERS HEALTH AND FITNESS INFORMATION AND IS DESIGNED FOR INFORMATIONAL PURPOSES ONLY. NOTHING STATED OR POSTED ON THE SOCAL FITNESS SITE OR AVAILABLE THROUGH THE SOCAL FITNESS SERVICE IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL, PROFESSIONAL OR COUNSELING CARE. FOR PURPOSES OF THIS AGREEMENT, THE PRACTICE OF MEDICINE AND COUNSELING INCLUDES, WITHOUT LIMITATION, PSYCHIATRY, PSYCHOLOGY, PSYCHOTHERAPY, OR PROVIDING HEALTH OR NUTRITION CARE, TREATMENT, INSTRUCTIONS, DIAGNOSIS, PROGNOSIS OR ADVICE. YOU SHOULD NOT RELY ON ANY INFORMATION ON THE SOCAL FITNESS SERVICE AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH, YOU SHOULD ALWAYS CONSULT A PHYSICIAN OR OTHER HEALTH-CARE PROFESSIONAL. DO NOT EVER DISREGARD, AVOID OR DELAY OBTAINING MEDICAL OR HEALTH RELATED ADVICE FROM YOUR HEALTH-CARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ ON THE SERVICE. THE USE OF ANY INFORMATION PROVIDED ON THE SERVICE IS SOLELY AT YOUR OWN RISK.
IF YOU ARE IN THE UNITED STATES AND THINK YOU ARE HAVING A MEDICAL OR HEALTH EMERGENCY, CALL YOUR HEALTH CARE PROFESSIONAL, OR 911, IMMEDIATELY.
THE SOCAL FITNESS SITE IS CONTINUALLY UNDER DEVELOPMENT AND SOCAL FITNESS MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY,COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE. IN THAT REGARD, DEVELOPMENTS IN MEDICAL RESEARCH MAY IMPACT GENERAL HEALTH, FITNESS AND ADVICE. NO ASSURANCE CAN BE GIVEN THAT THE INFORMATION CONTAINED ON THE FITNESSONDEMAND SITE WILL ALWAYS INCLUDE THE MOST RECENT DEVELOPMENTS WITH RESPECT TO THE PARTICULAR MATERIAL.
SOCAL FITNESSSHALL NOT BE LIABLE FOR ANY LIABILITY, OF ANY KIND, RESULTING FROM THE USE OF THEFITNESSONDEMANDSERVICE.
This Site may offer certain SoCal Fitness Subscription Services such as newsletters and Real Simple Syndication ("RSS") feeds (collectively "SoCal FitnessSubscription Services"). By registering for aSoCal FitnessSubscription Service, you will be subject to any charges and rules set forth in the description of that service which may or may not be reflected in Additional Terms.
SomeSoCal Fitness services may be offered to you conditioned on your payment of a fee (each, a "Paid Subscription Service"). By using the Paid Subscription Service, you will be subject to any charges and rules set forth in the Additional Terms for that service, in addition to the general terms provided below. You may register for Paid Subscription Services by completing the applicable registration form.
In order to obtain access to the Paid Subscription Service, you must also pay a specified subscription fee. SoCal Fitnessmay, at its sole discretion, change the features and services offered in any of the Paid Subscription Service at any time.
Paid Subscription Service-Billing and Fees
Before you register for a Paid Subscription Service,SoCal Fitnesswill provide notice of any charges. By registering for a Paid Subscription Service (which includes and "In-App Purchases," as defined below), you agree to pay all fees and charges associated with the Paid Subscription Service on a timely basis and are responsible for any charges incurred by your account. Youwarrantthat the credit card information that you provide is correct andisyour account. We are not liable for any loss that you may incur as a result of someone else using your password or account, whether with or without your knowledge.
By registering for a Paid Subscription Service and providing your credit card information, you authorize the App Store Provider to charge your credit card for the Paid Subscription Service fee at the then-current rate and any additional charges (including late charges and applicable federal, state, or local taxes).
If you make an in-app purchase of the Paid Subscription Service (an "In-App Purchase") via the applicable app store provider (e.g., Apple App Store, Google Play, etc.) (an "App Store Provider"), then the App Store Provider will charge your account the applicable fees or charges. Billing for In-App Purchases will be handled by the App Store Provider, according to their terms.
If available, for a monthly paid subscription, you will be charged one day after each month on the calendar day that corresponds with the commencement of your subscription. If your payment date falls on a date that does not exist in that month (e.g., the 31st day of a month), we will bill your credit cardon the last day of theapplicable month. However, you acknowledge that we reserve the right to change our billing methodseffectiveupon notice to you. You may visit your member account to update your credit card information, and you agree to maintain a valid credit card during the subscription term. You are liable for any amounts that are unsettled and overdue. We may deactivate your member account withoutnoticeif your payment is past due.
Paid Subscription Service-Free Trial
SoCal Fitnessmay offer a free trial subscription of the Paid Subscription Service for a specified free trial period without payment (a "Free Trial"). To initiate the Free Trial, you will be required to provide your credit card information, and you must cancel your subscription before the end of the Free Trial to avoid incurring any charges.
Free Trials are limited to a single Paid Subscription Service, and you may not obtain more than a single Free Trial using the same credit card. If you have previously used the same credit card to obtain a Free Trial, then that card will immediately be chargedapplicablefee upon registration.SoCal Fitnessmay, at its sole discretion and to the fullest extent permitted by law, revoke or alter a Free Trial without noticetoyou and at any time. Your Free Trial will end as soon as you purchase a Paid Subscription Service.
Upon expiration of your Free Trial, unless you cancel the Paid Subscription Service for which you registered, you acknowledge that you will be automatically enrolled in the Paid Subscription Service you selected during registration and your credit card will automatically be charged the applicable fees (including applicable federal, state, or local taxes) for that Paid Subscription Service.
Paid Subscription Service-Automatic Renewal
Your Paid Subscription Service will automaticallyrenewunless you cancel your subscription before the end of your current subscription term. Cancellation will be effective the day after the end of your current subscription term. Your failure to cancel your subscription during the current term will result in the renewal of your subscription at the then-current subscription rate and for the same term as your current subscription (e.g., monthly, quarterly, yearly). The cancellation of a Paid Subscription Service will result in a downgrade of your subscription service to the Free-of-Charge Serviceas ofthe end of your current subscription term. You may manage your renewal of the Paid Subscription Service by the turning off auto-renewal by going to your Account Settings after purchase.
Paid Subscription Service-Subscription Rate Changes
We may change the subscription rate from time to time. If we do, we will provide youadvancenotice of any change in the subscription rate. If you do not agree with the new subscription rate, you may cancel your subscription prior to the new subscription rate taking effect. If you continue to use the Paid Subscription Service after the subscription rate has gone into effect, you will be chargedthenew rate until you cancel or the rate changes.
Paid Subscription Service-Data
Paid Subscription Service-Member Account and Password
You are responsible for any membership name and password that is associated with your account during registration. If the Paid Subscription Service does not recognize your device from a previous sign-in, you will be asked for information that will help us to identify your registration. It is your responsibility to maintain the confidentiality of your password, if one is established. You are entirely responsible forany and allactivities that occur under your account, and agree to notify us immediately of any unauthorized use of your account.
Paid Subscription Service-Limited to Personal and Non-Commercial Use
The Paid Subscription Services are for your personal and non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or otherwise exploit the Paid Subscription Services without our prior written consent.
Paid Subscription Service-Cancellation
You can cancel your Paid Subscription Service at any time by going to "Settings" and following the cancellation instructions. In the event that you cancel a Paid Subscription Service before the end of your subscription period, we will not return any portion of your subscription fee provided and you will be entitled to continue accessing the applicable Paid Subscription Service until the end of your membership period.
For any termination by you, you must terminate at least 24 hours beforenextbilling cycle to avoid renewal of your Paid Subscription Service. We reserve the right to terminate your access to a Paid Subscription Service or any portion thereof at any time, without notice.
You are responsible for any membership name and password that is associated with your account during registration. If this Paid Subscription Service does not recognize your device from a previous sign-in, you will be asked for information that will help us to identify your registration. It is your responsibility to maintain the confidentiality of your password, if one is established. You are entirely responsible forany and allactivities that occur under your account, and agree to notify us immediately of any unauthorized use of your account.
Charges for Paid Subscription Services
SoCal Fitnesswill provide notice of any charges, or extra charges, before you register for or enter an area or receive content for which a payment is required. You are responsible for any charges for paid contentincurred by your account. We are not liable for any loss that you may incur as a result of someone else using your password or account, whether with or without your knowledge.
In the event that you pay for a Paid Subscription Service by credit card, you authorize us to charge your credit card account by registering for the service and providing us with your credit card information. Youwarrantto us that the credit card information that you provide us is correct andisyour account.
Limited to Personal and Non-Commercial Use
Any Paid Subscription Service is for your personal and non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products obtained from this Paid Subscription Service without our prior written consent.
You may cancel your membershipinthis Paid Subscription Service at any time by contacting us using the contact information provided on this Paid Subscription Service. In the event that you have paid a fee to register on this Site and you cancel before the end of your membership period, we will not return any portion of your membership feeprovided thatyou will be entitled to continue accessing the applicable Site until the end of your membership period.
We reserve the right to terminate your access to this Paid Subscription Service or any portion thereof at any time, without notice. Upon termination bySoCal Fitness, we shall return the unused pro-rata portion of your membership fee on a 52-week pro-rated basis to you within ninety (90) days of the termination of your access to this service.
You may email your requests for customer service through the contact information provided on the home page of the applicable Paid Subscription Service.
Ownership of this Site and its Content
This Site, including all of the software and code comprising or used to operate this Site, andall ofthe text, photographs, images, illustrations, graphics, sound recordings, video and audio-video clips, and other materials available on this Site, including without limitation content submitted by users of this Site (collectively "Content") are protected under applicable intellectual property and other laws, including without limitation the laws of the United States and other countries. All Content and intellectual property rights therein are the property of SoCal Fitness or the material is included with the permission of the rights owner and is protected pursuant to applicable copyright and trademark laws.
The presence of any Content on this Site does not constitute a waiver of any right in such Content. You do not acquire ownership rights to any such Content viewed through this Site. Except as otherwise provided herein, none of this Content may be used, copied, reproduced, distributed, republished, downloaded, modified, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without our express prior written permission.
Permission is hereby granted to the extent necessary to lawfully access and use this Site and to display, download, or print portions of this Site on a temporary basis and for your personal, educational, noncommercial use only,provided thatyou (i) do not modify the Content; (ii) you retainany and allcopyright and other proprietary notices contained in the Content; and (iii) you do not copy or post the Content on any network computer or broadcast the Content in any media.
In addition, you may not collect personal information of Site members by electronic or other means for use in marketing or telemarketing applications or for the purpose of sending unsolicited e-mail to those members. You may not frame any page of this Site and you may not link to any page of this Site otherthan the home page without prior authorization.
Removal of Content
In general. You can request removal of content you find objectionable by e-mailing us at email@example.com. While we do not have any obligation to remove content from this Site merely because of a removal request, we will review all such requests and will remove content that we determine should be removed, in our sole discretion and in accordance with our Terms of Service and applicable law. Pleasebe aware, however, that if the content has already been distributed to other Web sites or published in other media, we will not be able to recapture and delete it. Also, a back-up or residual copy of the content we remove from this Site may remain on back-up servers.
Violation of copyrights. SoCal Fitness does not knowingly violate or permit others to violate the copyrights of others. We will promptly remove or disable access to material that we know is infringing or if we become aware of circumstances from which infringing activity is apparent.
If you are requesting removal of Content because of a violation of your copyrights, please note that the Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe that your own work, or the work of a third party for whom you are authorized to act, is featured on this Site or has been otherwise copied and made available on this Site in a manner that constitute copyright infringement, please notify our Copyright Agent immediately. Your notice must be in writing and must include:
- an electronic or physical signature of the copyright owner or of the person authorized to act on behalf of the owner of the copyright interest;
- a description of the copyrighted work that you claim has been infringed;
- a description of where the material that you claim is infringing is located on this Site (including the URL, title and/or item number if applicable, or other identifying characteristics);
- your name, address, telephone number, and e-mail address, and, if you are not the owner of the copyright, the name of theowner;
- a written statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Generally, the information we collect using these Web technologies does not identify you personally. If, however, you have created a profile on this Site, we may link the information we collect using these Web technologies to other information that identifies you personally.
Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon us actual knowledge of facts or circumstances from which infringing material or acts are evident.
The SoCal Fitness names and logos, all product and service names, all page headers, all custom graphics, all button icons, and all trademarks, service marks and logos appearing on this Site, unless otherwise noted, are trademarks (whether registered or not), service marks and/or trade dress of SoCal Fitness (the "SoCal Fitness Marks"). All other trademarks, product names, company names, logos, service marks and/or trade dress mentioned, displayed, cited or otherwise indicated on this Site are the property of their respective owners. You are not authorized to display or use the SoCal Fitness Marks in any manner without our prior written permission. You are not authorized to display or use trademarks, product names, company names, logos, service marks and/or trade dress of other owners featured on this Site without the prior written permission of such owners. The use or misuse of the SoCal Fitness Marks or other trademarks, product names, company names, logos, service marks and/or trade dress or any other materials contained herein, except as permitted herein, is expressly prohibited. In particular, you may not use any trademark displayed on this Site as a "hot" link without the prior written approval of the trademark owner.
In consideration of your use of this Site, you agree to provide true, accurate, current and complete information about yourself and to update that information as necessary.
Any account you create through this Site is personal to you and may not be used by anyone else. You are responsible for maintaining the confidentiality of your password and username and are fully responsible for all activities that occur under your password or username by you or by anyone else using your username and password, whether or not authorized by you. You agree to change your password immediately if you believe your password may have been compromised or used without authorization. You also agree to immediately inform us of any apparent breaches of security such as loss, theft or unauthorized disclosure or use of your username or password by e-mailing us at firstname.lastname@example.org. Until we are so notified you will remain liable for any unauthorized use of your account.
You agree to use this Site in a manner consistent with any and all applicable rules and regulations. You agree not to upload or transmit through this Site any computer viruses, Trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer. Any unauthorized modification, tampering or change of any information, or any interference with the availability of or access to this Site is strictly prohibited. We reserve all rights and remedies available to us.
WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE SERVICE, THIS SITE OR ITS CONTENT, OR ANY PRODUCT OR SERVICE AVAILABLE ON OR PROMOTED THROUGH THIS SITE. THIS SITE AND ALL OF ITS CONTENT ARE PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, SOCAL FITNESS, ITS PARENT COMPANIES AND AFFILIATES, AND THEIR SERVICE PROVIDERS AND LICENSORS DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS,IMPLIED, ARISING BY STATUTE, CUSTOM, COURSE OF DEALING, COURSE OF PERFORMANCE OR IN ANY OTHER WAY, WITH RESPECT TO THIS SITE, ITS CONTENT, AND ANY PRODUCTS OR SERVICES MADE AVAILABLE THROUGH THIS SITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SOCAL FITNESS, ITS PARENT COMPANIES AND AFFILIATES, AND THEIR SERVICE PROVIDERS AND LICENSORS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES (A) OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; (B) RELATING TO THE SECURITY OF THIS SITE; (C) THAT THE CONTENT OR OTHER INFORMATION ON THIS SITE, OR TO ANY SITES WITH WHICH IT IS LINKED, IS ACCURATE, COMPLETE OR CURRENT; OR (D) THAT THIS SITE WILL OPERATE SECURELY OR WITHOUT INTERRUPTION OR ERROR.
WE DO NOT REPRESENT OR WARRANT THAT THIS SITE, ITS SERVERS, OR ANY TRANSMISSIONS SENT FROM US OR THROUGH THIS SITE WILL BE FREE OF ANY HARMFUL COMPONENTS (INCLUDING VIRUSES).
WHILE SOCAL FITNESS STRIVES FOR ACCURACY, IT DOES NOT WARRANT OR GUARANTEE THE ACCURACY OR COMPLETENESS OF ANY INFORMATION OR DATABASE ON THIS SITE. SOCAL FITNESS DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR STATEMENTS, ADVICE AND OPINIONS MADE BY ANYONE OTHER THAN AUTHORIZED SOCAL FITNESS SPOKESPERSONS. WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES AGAINST THE POSSIBILITY OF DELETION, MISDELIVERY OR FAILURE TO STORE COMMUNICATIONS, PERSONALIZED SETTINGS, OR OTHER DATA. YOU ACCEPT THAT OUR SHAREHOLDERS, OWNERS, OFFICERS, AFFILIATES, DIRECTORS, EMPLOYEES AND OTHER REPRESENTATIVES SHALL HAVE THE BENEFIT OF THIS CLAUSE.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF CERTAIN WARRANTIES, SO ALL OR PART OF THIS DISCLAIMER OF WARRANTIES MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS WE, ON BEHALF OF OUR DIRECTORS, OFFICERS, AFFILIATES, EMPLOYEES, THIRD PARTY PROVIDERS, AGENTS, SUPPLIERS, LICENSORS AND SERVICE PROVIDERS, EXCLUDE AND DISCLAIM LIABILITY FOR ANY LOSSES AND EXPENSES OF WHATEVER NATURE AND HOWSOEVER ARISING INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, GENERAL, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES; LOSS OF USE; LOSS OF DATA; LOSS CAUSED BY A VIRUS; LOSS OF INCOME OR PROFIT; LOSS OF OR DAMAGE TO PROPERTY; CLAIMS OF THIRD PARTIES; OR OTHER LOSSES OF ANY KIND OR CHARACTER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR ANY WEB SITE WITH WHICH IT IS LINKED, OR ANY MERCHANDISE AVAILABLE ON THIS SITE. YOU ASSUME TOTAL RESPONSIBILITY FOR ESTABLISHING SUCH PROCEDURES FOR DATA BACK UP AND VIRUS CHECKING AS YOU CONSIDER NECESSARY. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER BASIS.
These Terms of Service give you specific legal rights and you may also have other rights which vary from country to country. Some jurisdictions do not allow certain kinds of limitations or exclusions of liability, so the limitations and exclusions set out in these Terms of Service may not apply to you. Other jurisdictions allow limitations and exclusions subject to certain conditions. In such a case the limitationsand exclusions set out in these Terms of Service shall apply to the fullest extent permitted by the laws of such applicable jurisdictions. Your statutory rights as a consumer, if any, are not affected by these provisions, and we do not seek to exclude or limit liability for fraudulent misrepresentation.
Links to Other Sites
This Site may provide links to other Web sites operated by third parties. Because we have no control over third-party Web sites, we are not responsible for the availability of those Web sites and do not endorse and are not responsible or liable for any content, advertising, services, products, or other materials on or available from such Web sites. SoCal 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 the use of or reliance on any content, advertising, services, products, or other materials on or available from such Web sites. This Policy does not apply to your use of third-party Web sites; your use of such Web sites is subject to the terms and policies of the owner of such Web sites.
Modification and Discontinuation
We reserve the right at any time and from time-to-time to modify, edit, delete, suspend or discontinue, temporarily or permanently this Site (or any portion thereof) and/or the information, materials, products and/or services available through this Site (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any such modification, editing, deletion, suspension or discontinuance of this Site.
As used in these Terms of Service, the term "including" means "including, but not limited to."
Our failure at any time to requireperformanceof any provision of these Terms of Service or to exercise any right provided for herein will not be deemed a waiver of such provision or suchright. All waivers must be in writing. Unless the written waiver contains an express statement to the contrary, no waiver by SoCal Fitness of any breach of any provision of these Terms of Service or of any right provided for herein will be construed as a waiver of any continuing or succeeding breach of such provision, a waiver of the provision itself, or a waiver of any right under these Terms of Service.
If any provision of these Terms of Service is held by a court of competent jurisdiction to be contrary to law, such provision will be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of these Terms of Service will remain in full force and effect.
Governing Law, Jurisdiction and Venue
These Terms of Service will be governed under the laws of the State of California without regard to its conflicts of law provisions. All actions or proceedings arising out of or relating to these Terms of Service will bevenuedexclusively in state or federalcourtin Los Angeles County, California. You hereby irrevocably consent and submit to the personal jurisdiction of said courts for all such purposes. However, we retain the right to bring legal proceedings in any jurisdiction where we believe that infringement of this agreement is taking place or originating.
You agree to indemnify and hold SoCal Fitness, its parent companies, subsidiaries, and affiliates, agents, subcontractors, third party providers, and each’s respective officers, partners andemployees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Service and/or your use of this Site in violation of these Terms of Service and/or arising from a breach of these Terms of Service and/or any breach of your representations and warranties set forth above and/or if any content that you post on or through this Site causes us to be liable to another. We reserve the right to assumethe exclusive defense and control of any matter otherwise subject to indemnification by you, and you agree to provide us with such reasonable cooperation and information as we may request.