Terms and Conditions
The Preserve Gym, LLC’s (the “Preserve,” “we,” or “us”) website and social media pages (together, the “Site”) are available for use under these Terms and Conditions of Use (these “Terms”). The use of the Site constitutes acceptance of these Terms. Please read these Terms carefully. If you do not accept these Terms, your use of this site is not authorized by the Preserve.
These Terms apply to the use of any resources available through the Site, including password-protected portions of the Site, and all Preserve social media pages. These Terms apply to use of the Site in any manner, including by individuals acting for themselves or on behalf of an organization.
Use of Content
The content of the Site is or may be protected by copyright and trademark laws and rights, and is the property of the Preserve or a third party having licensed content to the Preserve. Unless otherwise stated, copyright or similar rights are reserved for all material presented on the Site, including but not limited to audio and video clips, graphics, and links. The Preserve authorizes you to view and download material from our site, provided the information is for your personal use. Unauthorized use of these materials may violate copyright and trademark laws and rights. All copyright and other proprietary notices in the original material must be retained on any copy you make of the original material. You may not sell, distribute, or publish any content you obtain from this Site without permission.
You shall not submit any material or content to the Site that is subject to or may infringe the intellectual property or proprietary rights of any third parties. You grant the Preserve a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, copy, modify, display, archive, store, publish, transmit, distribute, and reproduce, and to create derivative works from, any and all content or information you post, upload to, provide, or create using the Site.
Rules of Conduct
You agree to use the Site for lawful purposes only. You may not use this site to transmit any content that is abusive, vulgar, obscene, hateful, fraudulent, unlawful, threatening, harassing, or defamatory.
Links to External Websites
The Preserve Services
For your convenience, the Preserve provides you the ability to sign up for and manage your relationship with the Preserve through the Site. The offerings available through the Site are provided subject to these Terms. Please note that when you make a purchase through the Preserve Store, you will be re-directed to a third-party purchase and payment processing website to complete your purchase.
Password Protected Portions of the Site
Certain portions of the Site provided on a login-and-password-only basis to Site registrants. All login credentials and passwords shall be treated as strictly confidential and for use only by the registrant. Each registrant is responsible for any activity on the Site that is accomplished through the use of their login credentials and password. Please request a change of password immediately if you become aware of any security compromise concerning your password.
The Preserve maintains social media sites, including on or through services provided by Facebook, Twitter, and Instagram. Your use of the Preserve’s pages or offerings through each of those services is subject to these Terms, as well as the terms and policies covering each of those respective services. Information you post to any social media site may be published or used in accordance with that site’s terms and policies.
Availability and Services
The Preserve’s goal is for continuous access, 24 hours per day, to our Site. However, there may be times when the Site is unavailable due to routine maintenance. Maintenance times are selected after identifying peak usage times to avoid the Site being down during those periods. Certain portions of our Site are regularly available only between the hours of 6:00 a.m. and 12:00 a.m. Central Time.
The Preserve reserves the right at any time to modify or discontinue the Site or any features or components of the Site, temporarily or permanently, with or without notice, for any reason. Without limiting the foregoing, you agree that the Preserve, in its sole discretion, may terminate your access to the Site if the Preserve believes that you have violated the letter or spirit of these Terms. You agree that any termination of your access to the Site or any deletion of information may be effected without prior notice.
Copyright and Other Intellectual Property
Any trademarks, logos, and service marks displayed on this site are the property of or licensed by the Preserve. Any unauthorized use or misuse of these intellectual properties or unauthorized use of any contents of this Site will be subject to all appropriate remedies, including appropriate legal action.
In connection with your use of the Site you may not:
- deliver content that contains software viruses or any other code, files, or programs designed to damage or disrupt any software, hardware, or equipment;
- post, upload, or create any content that contains copyrighted material without the right to do so;
- upload any content containing an image, likeness, or audio or visual recording of an individual without permission to do so;
- post, upload, or create any content that violates any privacy rights of any individual; or
- attempt to modify or alter the Site;
- attempt to use the Site other than for its intended purposes;
- attempt (including through the use any device, software, or routine) to interfere with the proper functioning of the Site;
- attempt to circumvent a technological measure that controls or impacts access to the Site;
- take any action that imposes, as determined within Preserve’s sole discretion, an unreasonable or disproportionately large or otherwise overly-burdensome load on the infrastructure or networks utilized by the Site;
- violate any applicable law or regulation in connection with the use of the Site; or
· harm or harass any individual.
In addition, you may not:
· copy any content from the Site in any manner (including through the use of any manual process, device, or any robot, spider, or other automatic process), other than permissible copying from an account through the use of report or copying functionality provided by the Site.
Limitations of Liability
The Preserve does not guarantee that the Site or any services provided through the Site will be uninterrupted or error-free. Content and services are provided on an “as is,” as-available basis. The Preserve does not guarantee that any file available for downloading is free of viruses or similar contamination or destructive features.
TO THE FULLEST EXTENT PERMITTED BY LAW, AND EXCEPT AS MAY OTHERWISE BE EXPRESSLY PROVIDED IN AN APPLICABLE MASTER AGREEMENT: (A) THE PRESERVE AND ITS RESPECTIVE OFFICERS, DIRECTORS, AGENTS, REPRESENTATIVES, MEMBERS, EMPLOYEES, PARTNERS, SUCCESSORS, AND ASSIGNS SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING UNDER THESE TERMS OR ASSOCIATED WITH YOUR USE OF THE SITE OR WITH ANY PRESERVE CONTENT, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE OF DATA, LACK OR LOSS OF DATA, OR OTHER INTANGIBLE LOSSES, WHETHER THE CLAIM FOR SUCH DAMAGES IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY), OR OTHERWISE (EVEN IF THE PRESERVE OR ITS APPLICABLE THIRD-PARTY PROVIDER HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF SUCH DAMAGES), AND (B) THE PRESERVE’S AND ITS THIRD-PARTY PROVIDERS’ MAXIMUM AGGREGATE LIABILITY OF ANY KIND ARISING UNDER OR RELATING TO THESE TERMS, THE PRODUCTS, OR PRESERVE CONTENT SHALL BE ONE HUNDRED UNITED STATES DOLLARS ($100.00). THE FOREGOING LIMITATIONS SHALL APPLY TO ALL CAUSES OF ACTION, WHETHER ARISING FROM BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE OR OTHER TORT, OR ANY OTHER LEGAL THEORY; MOREOVER, THESE LIMITATIONS WILL APPLY NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
NOTHING IN THESE TERMS IS INTENDED TO EXCLUDE OR LIMIT ANY CONDITION, WARRANTY, RIGHT, OR LIABILITY IN A MANNER THAT IS NOT PERMISSIBLE UNDER APPLICABLE LAW. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS, THE EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT, OR BREACH OF IMPLIED TERMS. ACCORDINGLY, ONLY THE ABOVE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU, AND THE PRESERVE’S AND ITS THIRD-PARTY PROVIDERS’ LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
The laws of the State of Texas, excluding its conflicts of law rules, shall govern these Terms, and you hereby irrevocably agree that all claims or disputes arising out of or in connection with these Terms shall be heard exclusively by any of the federal or state courts of competent jurisdiction located in the State of Texas, County of Harris, and you waive any objection to personal jurisdiction or the propriety or convenience of venue in such courts.
These Terms are the complete and exclusive statement of the agreement with respect to the subject matter hereof and supersede all other communications or representations or agreements (whether oral, written, or otherwise) relating thereto. The failure of the Preserve to require performance of any provision of these Terms in no manner shall affect its right at a later time to enforce the same. No waiver by the Preserve of any breach of these Terms, whether by conduct or otherwise, in any one or more instances, shall be deemed to be or construed as a further or continuing waiver of any other such breach, or a waiver of any other breach of these Terms.
If any provision of these Terms shall to any extent be held invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions of these Terms shall in no way be affected or impaired thereby and each such provision of these Terms shall be valid and enforceable to the fullest extent permitted by law. In such case, these Terms shall be reformed to the minimum extent necessary to correct any invalidity, illegality, or unenforceability, while preserving to the maximum extent the rights and commercial expectations of the parties hereto, as expressed herein. The section headings in these Terms are for convenience only and shall have no legal or contractual effect.
Effective Date: January __, 2018
BY USING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO BE BOUND BY ITS TERMS.