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PLANET FITNESS WEB
SITE TERMS OF USE
modification PLANET FITNESS reserves the right to modify or amend these
Terms of Use without notice at any time. The latest Terms of Use will be posted on the
Site, and you should always review these Terms of Use prior to using the Site
to ensure that you have a current understanding of the Terms of Use under which
you are permitted to access this Site. PRIVACY POLICY By agreeing
to these Terms of Use, you agree to the terms of our Privacy Policy which is incorporated
herein. Before using this Site, please read through these documents carefully.
All personal data provided to us as a result of your use of this Site will be
handled in accordance with our Privacy Policy. Unless
otherwise indicated, this Site and its design, text, content, selection and
arrangement of elements, organization, graphics, and the design, compilation,
and other matters related to this Site ("Content") are protected
under applicable intellectual property and other laws, including without
limitation those of the United States, and all Content and intellectual
property rights therein are the property of PLANET FITNESS or the material is
included with the permission of the rights owner and is protected pursuant to
applicable copyright and trademark laws. The posting
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. The reproduction, duplication,
distribution (including by way of email, facsimile or other electronic means),
publication (including posting on another website) modification, copying or
transmission of Content from this Site, in any form or by any means, including, but
not limited to, electronic, mechanical, photocopying, recording, or otherwise, is STRICTLY PROHIBITED unless you have obtained the prior written
consent of PLANET FITNESS or unless it is expressly permitted by this
Site. Requests for permission to
reproduce or distribute materials found on this Site can be made by contacting
PLANET FITNESS in writing at 113 Crosby Rd Dover, NH 03820, or email at
admin@planetfitness.com. The Content may only be used for personal, non-commercial
purposes. This means that you may only view or download material from this Site
for your own use and you must keep all copyright and other proprietary notices
attached to the downloaded material. TRADEMARKS The PLANET
FITNESS logo, all product names, all page headers, all custom graphics, all
button icons, all trademarks, service marks and logos appearing on this Site,
unless otherwise noted, are service marks, trademarks (whether registered or
not) and/or trade dress of PLANET FITNESS (the "Marks"). All other
trademarks, product names, company names, logos, service marks and/or trade
dress mentioned, displayed, cited or otherwise indicated on the Site are the
property of their respective owners. You are not authorized to display or use
the 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 without the prior written permission
of such owners. The use or misuse of the 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. UNSOLICITED SUBMISSIONS
By sending any information, materials, messages, Content of
any sort, or any other unsolicited submissions (“Submissions”) to PLANET
FITNESS via this Site, you assign to PLANET FITNESS, free of charge, all worldwide rights, title and interest in all
copyrights and other intellectual property rights in such Submissions, and PLANET FITNESS and its affiliates and
related entities may use, copy, sublicense, adapt, transmit, distribute,
publicly perform, publish, display or delete such Submissions as PLANET FITNESS
sees fit. You agree that you are
not entitled to any compensation, credit or notice whatsoever with regard to
such Submissions and that by sending any unsolicited Submissions to PLANET
FITNESS you waive the right to make any claim against PLANET FITNESS, its
parents or affiliates relating to unsolicited Submissions, including, without
limitation, unfair competition, breach of implied contract or breach of
confidentiality. For this reason, we ask you not to send
us any Submissions that you do not wish to assign to us. Additional
Terms and Click-Through Agreements We may require you
to follow additional rules, guidelines or other conditions in order to use
various features of our Site, to participate in certain promotions or
activities available through our Site, or for other reasons. In such cases, you may be asked to expressly
consent to these additional terms, for example, by checking a box or clicking
on a button marked “I agree.” This type of agreement is known as a
“click-through” agreement. For example,
you will be required to enter into a separate agreement if you use this Site to
join one of our clubs, apply to become a franchisor of one of our clubs, enter
a sweepstakes, or make a purchase on this Site.
If any of the terms of a click-through agreement are different than the
terms of these Terms of Use, the terms of the click-through agreement will
supplement or amend these Terms of Use, but only with respect to the matters
governed by the “click-through agreement.”
In addition, certain areas of our Site (such as our online store) may be
powered by third party service providers.
Such areas may be governed by certain additional terms or policies of
those third party providers. SUBMISSION OF INFORMATION THROUGH OUR SITE
You may choose to submit information to PLANET FITNESS
through our Site for various reasons, such as to make a purchase, enter a
sweepstakes, apply to become a franchisor of one of our clubs, or apply for
PLANET FITNESS employment opportunities. If you choose to submit your name,
contact information, resume and/or other personal information to PLANET FITNESS
for any of these purposes, you are authorizing PLANET FITNESS to utilize this
information for the purpose for which it was submitted. Nothing in these Terms of Use or contained in
the Site shall constitute a promise by PLANET FITNESS to interview, hire,
employ, or enter into a franchise agreement with any individual who submits
information to it, nor shall anything in these Terms of Use or contained in the
Site constitute a promise that PLANET FITNESS will review any or all of the
information submitted to it by users.
All information submitted will be treated in accordance with our Privacy
Policy. LINKED SITES AND ADVERTISING
You may create hyperlinks directly to the home page of this
Site, or the home page of any of our clubs within this Site, provided that: (i)
the hyperlink accurately describes the content as it appears on the Site; (ii)
each page within our Site must be displayed in full, without any accompanying
frame, border, margin, design, branding, trademark, advertising, or promotional
materials not originally displayed on the applicable page within our Site; and
(iii) you must not represent in any way, expressly or by implication, that you
have received the endorsement, sponsorship or support of this Site or PLANET
FITNESS, its employees, agents, directors, officers and shareholders. You may not copy any portion of our Site or
Content to a server, except as part of an incidental caching of pages. If you wish to link to or obtain a license
with regard to our Site or our Content other than as described herein, you must
contact PLANET FITNESS at 113 Crosby Rd, Dover, NH 03820 before doing so. TERMINATION
PLANET FITNESS reserves the right to immediately terminate
your use of, or access to, this Site at any time for any reason in its sole
discretion. PLANET FITNESS further
reserves the right to modify or discontinue this Site or any portion thereof at
any time without notice. COPYRIGHT INFRINGEMENT
If you believe that any material contained in this Site
infringes your copyright, you should notify PLANET FITNESS of your copyright
infringement claim in accordance with the following procedure. PLANET FITNESS
will process notices of alleged infringement which it receives and will take
appropriate action pursuant to the Digital Millennium Copyright Act (“DMCA”)
and other applicable intellectual property laws. The DMCA requires that
notifications of claimed copyright infringement should be sent to this Site’s
Designated Agent who is: Director of Legal Affairs PLANET FITNESS 113 Crosby
Rd, Dover, NH 03820 e-mail admin@planetfitness.com NO
WARRANTIES WE MAKE NO
REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THIS SITE OR ITS CONTENTS, WHICH
ARE PROVIDED FOR USE "AS IS" AND ON AN "AS AVAILABLE"
BASIS. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT
LIMITATION THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY,
QUALITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THIS SITE AND ANY
SITE WITH WHICH IT IS LINKED. WE DO NOT WARRANT THAT THIS SITE, ITS SERVERS OR
E-MAIL SENT FROM US WILL BE FREE OF ANY HARMFUL COMPONENTS (INCLUDING VIRUSES).
WE ALSO MAKE NO REPRESENTATIONS OR WARRANTIES AS TO WHETHER THE INFORMATION
ACCESSIBLE VIA THIS SITE, OR ANY SITE WITH WHICH IT IS LINKED, IS ACCURATE,
COMPLETE, OR CURRENT. WE DO NOT PROVIDE ANY REPRESENTATIONS OR WARRANTIES
AGAINST THE POSSIBILITY OF DELETION, MISDELIVERY OR FAILURE TO STORE
COMMUNICATIONS, PERSONALIZED SETTINGS, OR OTHER DATA. YOU ACCEPT THAT OUR
PARENT, AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, FRANCHISEES,
AND SUPPLIERS SHALL HAVE THE BENEFIT OF THIS CLAUSE. EXCLUSION OF LIABILITY To the fullest extent
permitted by applicable laws we, on behalf of our parent, AFFILIATES,
SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, FRANCHISEES, AND SUPPLIERS, exclude AND DISCLAIM liability for any
losses and expenses of whatever nature and howsoever arising including, without
limitation, any direct, indirect, special, punitive, 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 the Site or
any website with which it is linked. THIS LIMITATION OF LIABILITY APPLIES
WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, NEGLIGENCE, TORT, STRICT
LIABILITY OR ANY OTHER BASIS. These Terms
of Use give you specific legal rights and you may also have other rights which
vary from state to state. Some jurisdictions do not allow the exclusion of
implied warranties, or certain kinds of limitations or exclusions of liability,
so the limitations & exclusions set out in these Terms of Use may not apply
to you. Other jurisdictions allow limitations and exclusions subject to certain
conditions. In such a case the limitations and exclusions set out in these
Terms of Use 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. INDEMNITY
You agree to defend, indemnify and hold harmless PLANET
FITNESS, its parents and affiliates together with their respective employees,
agents, directors, officers and shareholders, from and against all the
liabilities, claims, damages and expenses (including reasonable attorney’s fees
and costs) arising out of or related to your use of this Site or your breach or alleged breach of this
Agreement. LEGAL COMPLIANCE
You shall comply with all applicable laws, statutes,
ordinances and regulations regarding your use of our Site. If you provide us any information through our
Site, you agree to provide true, accurate, current and complete information
about yourself. You agree not to upload or transmit through the 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. If you become aware of misuse of this
Site by any person, please contact the Site Administrator at
admin@planetfitness.com with your concerns.
PLANET
FITNESS reserves all rights and remedies available to it. GENERAL PROVISIONS
This Agreement operates to the fullest extent permissible
by law. If any provision of this Agreement is unlawful, void or unenforceable,
that provision is deemed severable from this Agreement, will be substituted
with a valid and enforceable provision reflecting the intent of the invalid
provision, and does not affect the validity and enforceability of any remaining
provisions. This Agreement is governed by, and construed in accordance with,
the laws of the State of New Hampshire without giving effect to any principles
of conflicts of law. You agree to submit to the exclusive jurisdiction of the
courts of the State of New Hampshire or, if appropriate, the United States
District Court for the Central District of New Hampshire for resolution of any
dispute, action or proceeding arising in connection with this Agreement or your
use of the Site, and you further irrevocably waive any right you may have to
trial by jury in any such dispute, action or proceeding. This Agreement may be assigned by PLANET FITNESS in our
sole discretion. Headings are for reference purposes only and in no way define,
limit, construe or describe the scope or extent of such section. Our failure to
act with respect to a breach of this agreement does not waive our right to act
with respect to subsequent or similar breaches. This Agreement sets forth the
entire understanding and agreement between us with respect to the subject
matter hereof. NOTICES
Except as explicitly stated otherwise, any notices shall be
given by postal mail to PLANET FITNESS Attn: Legal Department, PLANET FITNESS
113 Crosby Rd, Dover, NH 03820 (in the case of PLANET FITNESS ) or to the
email address you provide to PLANET FITNESS during the registration process (in
your case). Notice shall be deemed given 24 hours after email is sent, unless
the sending party is notified that the email address is invalid. Alternatively,
we may give you notice by certified mail, postage prepaid and return receipt
requested, to the address provided to PLANET FITNESS during the registration
process. In such case, notice shall be deemed given 3 days after the date of
mailing. CONTACTING PLANET FITNESS
Any questions or comments regarding, or problems with, this
Site should be sent to the Site Administrator at admin@planetfitness.com. The services hereunder are offered by PFIP,
LLC, located at PLANET FITNESS 113 Crosby Rd, Dover, NH 03820. |
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